Boling v. Romer’s Empirical Analysis

Citation profile

31 federal appellate · 11 district · 35 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are persuaded to reach die same result, with respect to the statute at issue here, as our sister circuits. We do not rely on any supposition that sex offenders are more likely to be recidivists than others, nor, as the district court did, on the penological interests within the prison. We do rely upon the specific relevance of DNA evidence to prove sexual assaults. Thus we hold that while obtaining and analyzing the DNA or saliva of an inmate convicted' of a sex offense is a search and seizure implicating Fourth Amendment concerns, it is a reasonable search and seizure. This is so in light of an inmate’s diminished privacy rights, see Dunn v. White, 880 F.2d 1188, 1195 (10th Cir.1989) (in upholding AIDS testings against inmates’ Fourth Amendment challenge, stating that ‘plaintiff s privacy expectation in his body is further reduced by his incarceration’), cert. denied, 493 U.S. 1059 , 110 S.Ct. 871 , 107 L.Ed.2d 954 (1990); the minimal intrusion of saliva and blood tests; and the legitimate government interest in the investigation and prosecution of unsolved and future criminal acts by the use of DNA in a manner not significantly different from the use of fingerprints.” 101 F.3d at 1340 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Banks v. Gonzales · 384 N.J. Super. 67 - AA Ex Rel. BA v. ATTY. GENERAL

2. “[W]hen a suspect is arrested upon probable cause, his identification becomes a matter of legitimate state interest and he can hardly claim privacy in it. We accept this proposition because the identification of suspects is relevant not only to solving the crime for which the suspect is arrested, but also for maintaining a permanent record to solve other past and future crimes. This becomes readily apparent when we consider the universal approbation of “booking” procedures that are followed for every suspect arrested for a felony, whether or not the proof of a particular suspect’s crime will involve the use of fingerprint identification. Thus a tax evader is fingerprinted just the same as is a burglar.”

   4 later decisions quote this exact passage · from the majority
   e.g. Banks v. United States · Doles v. State

3. ““The Ninth Circuit first examined the plaintiffs’ separate interests in the privacy of the DNA information and their interest in bodily integrity. [Citation omitted.] The Rise court noted that ‘[t]he information derived from the blood sample is substantially the same as that derived from fingerprinting — an identifying marker unique to the individual from whom the information is derived.’ [Citation omit ted.] Noting that ‘everyday “booking” procedures routinely require even the merely accused to provide fingerprint identification, regardless of whether the investigation of the crime involves fingerprint evidence,’ the [Rise] court concluded that ‘[o]nce a person is convicted of one of the felonies included as predicate offenses under [the Oregon statute], his identity has become a matter of state interest and he has lost any legitimate expectation of privacy in the identifying information derived from the blood sampling.’ [Citation omitted.] The Rise court then found that although obtaining DNA information requires drawing blood as opposed to ‘inking and rolling a person’s fingertips,’ [citation omitted], that difference does not render the intrusion on Fourth Amendment interests more than minimal. [Citations omitted.] “The Rise court then balanced the minimal intrusion on Fourth Amendment interests against the legitimate government interest in identifying and prosecuting murderers and sex offenders, the degree to which gathering the DNA information would advance that interes”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Maass