BOROIAN v. MUELLER

No. 09-1630.

616 F.3d 60 (2010)

Martin BOROIAN, Plaintiff, Appellant, v. Robert S. MUELLER, III, Director, Federal Bureau of Investigation; Carmen P. Wallace, United States Probation Officer, U.S. Probation Office, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 12, 2010.


Attorney(s) appearing for the Case

Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, with whom Tamara Fisher was on brief, for appellant.

Charles W. Scarborough, Appellate Staff, Civil Division, Department of Justice, with whom Tony West, Assistant Attorney General, Carmen M. Ortiz, United States Attorney, and Mark B. Stern, Appellate Staff, Civil Division, Department of Justice, were on brief, for appellee.

Before LIPEZ, HOWARD and THOMPSON, Circuit Judges.


LIPEZ, Circuit Judge.

In United States v. Weikert, 504 F.3d 1, 3 (1st Cir.2007), we rejected a supervised releasee's Fourth Amendment challenge to the statutory requirement that he submit a blood sample for purposes of creating a DNA profile and entering it into a centralized government database. Applying a totality of the circumstances test, we concluded that the extraction of a blood sample and creation of a DNA profile...

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