U.S. v. POOL

No. 09-10303.

621 F.3d 1213 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Arbert POOL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2010.


Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender, and Rachelle Barbour (argued), Sacramento, CA, for defendant-appellant Jerry Arbert Pool.

Michael Risher , San Francisco, CA, for amicus curiae the American Civil Liberties Union Foundation of Northern California.

Lawrence G. Brown , United States Attorney, and Sean C. Flynn (argued), Assistant United States Attorney, Sacramento, CA, for plaintiff-appellee the United States.

Opinion by CALLAHAN; Concurrence by Judge LUCERO; Dissent by Judge SCHROEDER.


OPINION

CALLAHAN, Circuit Judge:

Jerry Arbert Pool challenges the district court's implementation of 18 U.S.C. § 3142(b) and (c)(1)(A), requiring him to give a DNA sample as a condition of his pre-trial release. Applying the totality of the circumstances test, we affirm the district court. We hold that where a court has determined that there is probable cause to believe that the defendant committed a felony, the government's interest in definitively...

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