Probationer With Religious Objections Permitted To Give Swab DNA Sample

The Violent Crime Control and Law Enforcement Act of 1994 creates a federal index of DNA samples from convicted offenders, crime scenes, and unidentified human remains. 42 USC Sec. 14135a (d) (1) requires probation officers to collect a DNA sample from individuals on federal supervised release. In United States v. Holmes, 2007 U.S. Dist. LEXIS 11597 (ED CA, Feb. 20, 2007), a California federal district court agreed with Elden Holmes who was on supervised release that he should be able to provide a buccal swab DNA sample rather than a blood sample because of his religious objections to having his blood drawn. The court found that under the Religious Freedom Restoration Act, drawing blood would impose a substantial burden on Holmes free exercise of religion, that the government lacks a compelling interest in requiring a blood sample instead of a cheek swab sample, and that forcing Holmes to submit to a blood-based DNA test is not the least restrictive means of achieving the government's compelling interest in obtaining his DNA profile.