Requiring DNA samples from convicted felons

[Boudicea]

I heard this AM that the 9th Cir. decided this is an unconstitutional invasion of privacy. Why is requiring body fluids from someone with no criminal record just to get a job also not unconstitutional invasion of privacy?

[Romulus]

1. depends on who's asking

the Fourth Amendment only restrains government activities, not private activities, so it's no 4th Amend. problem if Halliburton asks for your DNA.

Plus, you wouldn't be "compelled" to hand it over to Halliburton; it's just like any other market transaction where you can walk away if you don't like the terms.

At least in theory. It's hard to walk away from a paycheck when you have three kids to feed.

On a related note, I'm not sure why it's unconstitutional to get samples from people already convicted of a crime when the same samples are already being forcibly taken from people merely arrested for felonies. :shrug:

[Withergyld]

2. Do they have

Probable cause to "search" a persons DNA just because the have a prior conviction?