United States v. Mitchell
2011 U.S. App. LEXIS 15272
| 3rd Cir. | 2011Background
- Mitchell indicted on one count of attempted possession with intent to distribute cocaine; Government sought DNA sample under 42 U.S.C. §14135a(a)(1)(A) and 28 C.F.R. §28.12.
- District Court held §14135a(a)(1)(A) unconstitutional as applied to arrestees before conviction.
- Goverment appealed under collateral-order doctrine; district-order prohibited pretrial DNA collection.
- Third Circuit determined interlocutory appeal is within Cohen collateral-order exception; case proceeded en banc / en banc discussion.
- DNA Act of 2000 and amendments authorize collection from arrestees; CODIS use limited with safeguards and expungement on disposition.
- Court reversed district court and held pretrial DNA collection constitutional under totality of the circumstances as applied to Mitchell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district order is immediately appealable | Mitchell contends no collateral-order jurisdiction | Government contends collateral-order jurisdiction exists under Cohen/1291 | Yes; collateral-order jurisdiction accounted |
| Whether pretrial DNA collection from arrestees/detainees violates the Fourth Amendment | Mitchell argues heightened privacy interests; DNA reveals broader data | Government argues diminished privacy in arrestees; strong identification interests | Constitutional as applied; collection reasonable under totality of circumstances |
| Whether the challenge is facial or as-applied | Mitchell raises as-applied and facial challenges | Government contends facial challenge too | Court addressed both; statute upheld as applied and facial challenge rejected |
| What analytical framework governs the Fourth Amendment review (totality vs special needs) | Special-needs framework may apply | Totality-of-circumstances is proper | Totality of the circumstances applied; DNA collection deemed reasonable |
| Scope of privacy interests in DNA versus identity | DNA reveals extensive private genetic data beyond identity | DNA profile is akin to fingerprints for identification | DNA profile treated as identification; privacy interests balanced and found minimal under current safeguards |
Key Cases Cited
- Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) (collateral-order finality and importance of rights in collateral orders)
- Carroll v. United States, 354 U.S. 394 (1957) (collateral-order doctrine applies to certain criminal orders that are independent of merits)
- Flanagan v. United States, 465 U.S. 259 (1984) (collateral-order strictness in criminal cases; final-review policies)
- Mohawk Industrial, Inc. v. Carpenter, 130 S. Ct. 599 (2009) (limits and balancing of collateral-review doctrine; finality concerns)
- Wecht v. City of Philadelphia, 537 F.3d 222 (3d Cir. 2008) (collateral-order review and public-right-of-access considerations)