U.S. v. MITCHELL

No. 09-4718.

652 F.3d 387 (2011)

United States of America, Appellant v. Ruben MITCHELL.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 25, 2011.


Attorney(s) appearing for the Case

Laura S. Irwin, Esq. , (Argued), Office of the United States Attorney, Pittsburgh, PA, for Appellant.

John A. Knorr, Esq. , Pittsburgh, PA, for Appellee.

Elisa A. Long, Esq. , (Argued), Lisa B. Freeland, Esq. , Office of the Federal Public Defender, Pittsburgh, PA, for Amicus Curiae Office of the Federal Public Defender — Appellee.

Will W. Sachse, Esq. , Dechert LLP, Philadelphia, PA, Witold J. Walczak, Esq. , Legal Director, ACLU of Pennsylvania, Pittsburgh, PA, for Amicus Curiae American Civil Liberties Union — Appellee.

Kevin S. Bankston, Esq. , Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation — Appellee.

Jonathan S. Franklin, Esq. , Tillman J. Breckenridge, Esq. , Mark T. Emery, Esq. , Fulbright & Jaworski, L.L.P., Washington, D.C., for Amicus Curiae DNA Saves — Appellant.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge, with whom Circuit Judges SLOVITER, SCIRICA, SMITH, FISHER, CHAGARES, JORDAN, and HARDIMAN, join, and AMBRO joins as to Part III only.

Ruben Mitchell was indicted on one count of attempted possession with intent to distribute cocaine. Following Mitchell's indictment, arrest, and detention, the Government sought to collect a DNA sample. The Government relied on 42 U.S.C. § 14135a(a)(1)(A), which permits the...

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