Earlier this year, the Third Circuit upheld the constitutionality of the DNA Backlog Elimination Act. The aforementioned DNA Act allows for the forceful extraction of blood samples from those on supervised release. These samples then undergo DNA analysis and are forever placed in a national data bank for the purpose of aiding law enforcement in solving crimes. Sczubelek, represented in the Third Circuit by Eleni Kousoulis of the Federal Public Defender's Office in Delaware, challenged the constitutionality of the DNA Act on appeal, arguing that these suspicionless searches, absent any legitimate penological or "special needs" justification, violate Sczubelek's rights under the Fourth Amendment.
The Third Circuit denied the challenge, via a 2-1 decision, and later denied rehearing the case en banc. On December 2, 2005, Sczubelek filed a cert petition with the United States Supreme Court seeking review of the Third Circuit's decision. Feel free to contact the Delaware office with any questions regarding the Sczubelek case and preserving a challenge to the DNA Act.