EFF urged a federal appeals court to strike down a sweeping law that mandates the collection of DNA samples from arrestees without requiring search warrants.

A federal law mandates DNA collection as a condition for bail for people who have been arrested for felonies. The FBI receives the DNA samples, conducts an analysis, and places a profile into CODIS, a national database. Those who are not eventually convicted of a crime must make a request if they want their information removed from the FBI's system, while the data collected without cause from other individuals remains permanently. This collection and storage is unconstitutional and violates the Fourth Amendment prohibition on baseless search and seizure of private information.

The widespread data collection mandated by this unconstitutional law was upheld by a three-judge panel from the 9th Circuit. If the law is not struck down by the en banc court, it could open the door to other expansions of warrantless DNA collection.

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