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FRIEDMAN v. BOUCHER

No. 05-15675.

568 F.3d 1119 (2009)

Kenneth A. FRIEDMAN, Plaintiff-Appellant, v. Dolphus BOUCHER; Elissa Luzaich, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2009.

Attorney(s) appearing for the Case

Tyler A. Baker, Saundra Riley, Kimberly I. Culp, and Julie A. Nokleberg; Fenwick & West LLP; Mountain View, CA, for the appellant.

Robert J. Gower; Deputy District Attorney; Las Vegas, NV, for the appellees.

Opinion by Judge THOMAS; Dissent by Judge CALLAHAN.

THOMAS, Circuit Judge:

Las Vegas Metropolitan Police Detective Dolphus Boucher, with the approval of Clark County Deputy District Attorney Elissa Luzaich, forcefully extracted a DNA sample from Kenneth Friedman. The officer did not have a warrant or a court order authorizing the taking of the sample, nor was Friedman under any suspicion of a crime for which a DNA sample might be justified. The extraction occurred simply because the deputy district attorney wanted...

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