Shannon Kohler v. Pat Englade, et al.

Opinion Vacating In Part, Affirming in Part, and Remanding In Part


Federal Appeals Court Finds that Police Lacked Probable Cause for DNA Warrant.

In a challenge to a dragnet search in which the DNA samples of more than 600 individuals were collected by the Baton Rouge police department, the Fifth Circuit Court of Appeals has reversed a lower court and held that the DNA search warrant lacked probable cause. The Court rejected the government's claim that it should consider a vague FBI profile to support the warrant application. EPIC submitted a "friend of the court" brief arguing that warrantless, suspicionless DNA dragnets are unconstitutional and ineffective. (Nov. 21, 2006)

Here is the US Court of Appeals for the 5th Circuit's Ruling Vacating in part, Affirming in Part, and Remanding in Part.

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