US District Court dismisses suit by former probationer for government’s retention and use of his DNA sample

Although acknowledging that the government lawfully obtained his DNA sample and profile during his term of probation, Martin Boroian challenges the government’s retention and use of his DNA profile and sample now that he has successfully completed his term of probation. In particular, he contends that the government’s retention and periodic matching of his DNA profile against other profiles in the database is an unreasonable Fourth Amendment search. He further argues that the analysis of his blood sample is an unreasonable search and contends, for the first time on appeal, that the retention of his blood sample is an unreasonable continuing seizure.

Discussion

Plaintiff Martin Boroian “contends that the government’s retention and periodic matching of his DNA profile against other profiles in the database is an unreasonable Fourth Amendment search. He further argues that the analysis of his blood sample is an unreasonable search and contends, for the first time on appeal, that the retention of his blood sample is an unreasonable continuing seizure.

“We conclude that the alleged present use of Boroian’s DNA profile – that is, the retention and matching of his lawfully obtained profile against other profiles in the government database – does not constitute a search within the meaning of the Fourth Amendment. Boroian has not sufficiently alleged any other present or imminent uses of his DNA profile to support an argument that his profile is being subjected to a new search. We further conclude that he has failed to allege any present or imminent analysis of his DNA sample, thereby providing no factual basis for the argument that a future analysis of his sample would constitute a separate Fourth Amendment search. We do not address his continuing seizure challenge to the retention of his sample, deeming that argument waived. Accordingly, we affirm the dismissal of the complaint for failure to state a claim upon which relief may be granted. …”

For entire decision click here.

About Attorney John J. MacLaughlan

John MacLaughlan is Massachusetts licensed attorney as well as a Boston police officer. John is currently assigned to the Youth Violence Strike Force (Gang Unit). He is a graduate of the Massachusetts School of Law with a concentration in Labor Law. He holds a Master’s Degree in Criminal Justice from the University of Massachusetts at Lowell as well as a Bachelors Degree in Political Science from the University of Massachusetts at Amherst. John has taught Defensive Tactics, Firearms, Use of Force, Applied Patrol Procedures, and Police Response to Active Shooters to sworn police officers and police academy recruits. Prior to becoming a Boston Police Officer, John served for 9 years as a police officer in Lowell, where he was a member of the Police Dive Team and Patrol Rifle Team.
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