United States v. Baker, No. 10-10223 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of misdemeanor possession of methamphetamine possession and sentenced to three years' probation. Defendant appealed his conviction and two conditions of probation, one permitting suspicionless searches and one requiring him to submit to DNA collection. The court affirmed defendant's conviction and upheld the imposition of the suspicionless search condition in light of the court's precedents. The court held, however, that the district court exceeded its statutory authority by imposing the DNA condition pursuant to 42 U.S.C. 14132(d). Accordingly, the court reversed with instructions to strike that condition and to order expungement of DNA records collected pursuant to it.
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