United States v. Stewart

LIPEZ, Circuit Judge.

In this consolidated appeal, the government challenges the district court’s conclusion that requiring DNA collection from non-violent felons who are sentenced to probation violates the Fourth Amendment. In light of our decision in United States v. Weikert, 504 F.3d 1 (1st Cir.2007), which was issued seven months after the district court’s ruling, that conclusion cannot stand. Although the district court correctly concluded that a “totality of the circumstances” balancing test must be used to analyze the constitutionality of the DNA collection program, the court’s…