(originally posted July 26, 2011)
DNA testing of suspects arrested for a crime does not violate the US Constitutional right of an accused to unlawful search and seizure. In a 8-6 vote the 3rd US Circuit Court of Appeals upheld the DNA law to collect DNA for those arrested of a crime.

Judge Julio Fuentes wrote that "under the totality of the circumstances, given arrestees' and pretrial detainees' diminished expectations of privacy in their identities and the government's legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and does not violate the Fourth Amendment."

This decision will make it possible for Pennsylvania lawmakers to revive a bill there to start collecting DNA on Arrest. Currently 26 states and the federal government collect DNA on arrest. Many more states have bills pending. American Civil Liberties Union have vowed to take the issue to the Supreme Court.

Jayann Sepich, Surviving Parent Coalition member and founder of DNA Saves filed a brief supporting the law. She responded to the decision saying, "DNA collection saves lives. Perpetrators of heinous crimes who are arrested again and again but not convicted continue to rape and murder," Sepich said. "I know the court made the right decision, and as a result, many lives will be saved."

Sepich's daughter, Katie, was murdered in New Mexico in August 2003. The killer was identified through DNA 3 years later. http://www.dnasaves.org Sepich has worked tirelessly to advocate for DNA on Arrest in all 50 states.

http://pittsburghlive.com/x/pittsburghtrib/news/s_748408.html