Hot off the press. Here's W.D. Pennsylvania District Judge Stewart Cercone's opinion finding that DNA collection from an arrestee before conviction violates the Fourth Amendment. Download WD PA DNA opinion. Upon request of the defense, this month's Sacramento duty magistrate judge has been staying DNA collection from pretrial arrestees who have not previously been convicted of a felony (or ordering samples held or returned if collection has already occurred) pending the Ninth Circuit's decision in U.S. v. Pool, which has oral argument scheduled for December 7, 2009. Preserve your client's rights by asking for a stay pending Pool.