Aggregated News

A federal appeals court in Philadelphia will decide whether it is constitutional for the government to take DNA samples from people arrested but not convicted of a crime and keep the specimens on file like fingerprints.

The case only applies to defendants in federal criminal cases, not those convicted of a crime. The federal government started taking DNA samples in 2005.

Assistant U.S. Attorney Laura Irwin from Pittsburgh argued that the DNA sampling program is no different than fingerprinting.

The judges hearing the case peppered her with questions about whether that is the case. DNA samples require a body-cavity search -- a swab of the mouth -- and are not needed for identification of a suspect already in custody.

The case was brought by attorneys for a California man indicted last year for cocaine trafficking by a Pittsburgh grand jury. Ruben M. Mitchell, one of 22 people charged, refused to provide a DNA sample upon arrest, contending federal officials needed to get a search warrant. His argument was upheld by a federal district court judge in Pittsburgh.

Mr. Mitchell's case...