Wednesday, May 31, 2006

Court Affirms DNA Profiling Requirement of Sentence

State v. Doss, 05-1192 (Iowa Ct. App. May 24, 2006)

Doss pled guilty to willful injury, a class D felony and was sentenced to a five year hitch. The court also ordered Doss to submit to DNA profiling, which became law after Doss pled guilty but before he was sentenced.

Doss argued that ordering him to undergo DNA profiling was unconstitutional and an abuse of the court's discretion. The court found that the requirement was applicable to Doss as it had become effective on 14 June, 2005, prior to sentencing.

Further, the court held that the statute requiring all felons to undergo DNA profiling was applicable to all felons, defeating Doss' equal protection argument, and that the statute had a rational basis in identification of perpetrators of future crimes and exonerating the innocent.

Last, Doss argued that the DNA requirement was an unreasonable search and seizure. The court held that such a requirement need only show a reasonable basis rather than the more difficult probable cause standard, because the balance between public interest and private intrusion weighed in favor of the public interest.


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