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BANKS v. U.S.

No. 06-5068.

490 F.3d 1178 (2007)

Richard M. BANKS; Mary Lafficer Doyle; Stanley Allen Acuff; Melanie Pool Alphin; and Lisa Renee Bell, Plaintiffs-Appellants, v. UNITED STATES; Leonidas Ralph Mecham, Director, Administrative Office of the United States Courts; Alberto R. Gonzales, Attorney General; Robert S. Mueller, III, Director, Federal Bureau of Investigation; David E. O'Meilia, United States Attorney; Brad Stewart, Chief Probation Officer, United States Probation Office, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 18, 2007.

Attorney(s) appearing for the Case

Robert Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Federal Public Defender, and Barry L. Derryberry, Assistant Federal Public Defender, with him on the brief), Tulsa, Oklahoma, for Plaintiffs-Appellants.

Loretta Finience Radford, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin C. Leitch, Assistant United States Attorney, on the brief), Tulsa, Oklahoma, for Defendants-Appellees.

Before BRISCOE, HOLLOWAY, and O'BRIEN, Circuit Judges.

HOLLOWAY, Circuit Judge.

Government collection of deoxyribonucleic acid ("DNA") samples has caused considerable controversy. From State proposals to expand DNA extraction to misdemeanants, to federal DNA statutes designed to assist police in solving crimes, detractors allude to a police state reminiscent of George Orwell's dystopia portrayed in 1984. In this case, the challenged federal statute, The DNA Analysis Backlog Elimination Act of 2000,

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