United States V. Kincade
   HOME
*





United States V. Kincade
''United States v. Kincade'', 379 F.3d 813 (9th Cir. 2004) ('' en banc''), is a case of the United States Court of Appeals for the Ninth Circuit dealing with the constitutionality of collecting and retaining DNA from parolees. Background Statute The federal statute in question was the DNA Analysis Backlog Elimination Act of 2000 ("DNA Act") requiring that those convicted of certain types of federal crimes give their DNA to federal officials, which is then given to FBI. This DNA is stored the FBI's Combined DNA Index System ("CODIS"), which other law enforcement officers could compares other unsolved past crimes. Additionally, the database can be used to link those convicted to new unsolved crimes. Particulars Because of an armed robbery conviction, Thomas Cameron Kincade was sentenced to 97 months imprisonment. Subsequently, Kincade was paroled on a supervised release. Kincade's parole officer requested that Kincade provide a blood sample pursuant to DNA Act. Not based ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


United States Court Of Appeals For The Ninth Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Point Of No Return
The point of no return (PNR or PONR) is the point beyond which one must continue on one's current course of action because turning back is dangerous, physically impossible or difficult, or prohibitively expensive. The point of no return can be a calculated point during a continuous action (such as in aviation). A particular irreversible action (such as setting off an explosion or signing a contract) can be a point of no return. Origins and spread of the expression The phrase "point of no return" originated as a technical term in air navigation to refer to the time and/or location during a flight at which the aircraft no longer has enough fuel to return to its originating airfield. Important decisions may need to be made prior to the point of no return, since it will be unsafe to turn around and fly back if the pilot changes their mind after that point. Otherwise, it may correspond to the aircraft's maximal safe range in a situation where the only possible landing site ''is'' th ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Nineteen Eighty-Four
''Nineteen Eighty-Four'' (also stylised as ''1984'') is a dystopian social science fiction novel and cautionary tale written by the English writer George Orwell. It was published on 8 June 1949 by Secker & Warburg as Orwell's ninth and final book completed in his lifetime. Thematically, it centres on the consequences of totalitarianism, mass surveillance and repressive regimentation of people and behaviours within society. Orwell, a democratic socialist, modelled the authoritarian state in the novel on Stalinist Russia and Nazi Germany. More broadly, the novel examines the role of truth and facts within societies and the ways in which they can be manipulated. The story takes place in an imagined future in the year 1984, when much of the world is in perpetual war. Great Britain, now known as Airstrip One, has become a province of the totalitarian superstate Oceania, which is led by Big Brother, a dictatorial leader supported by an intense cult of personality manufactured by ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

George Orwell
Eric Arthur Blair (25 June 1903 – 21 January 1950), better known by his pen name George Orwell, was an English novelist, essayist, journalist, and critic. His work is characterised by lucid prose, social criticism, opposition to totalitarianism, and support of democratic socialism. Orwell produced literary criticism, poetry, fiction and polemical journalism. He is known for the allegorical novella ''Animal Farm'' (1945) and the dystopian novel ''Nineteen Eighty-Four'' (1949). His non-fiction works, including ''The Road to Wigan Pier'' (1937), documenting his experience of working-class life in the industrial north of England, and ''Homage to Catalonia'' (1938), an account of his experiences soldiering for the Republican faction of the Spanish Civil War (1936–1939), are as critically respected as his essays on politics, literature, language and culture. Blair was born in India, and raised and educated in England. After school he became an Imperial policeman in Burma, ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Combined DNA Index System
The Combined DNA Index System (CODIS) is the United States national DNA database created and maintained by the Federal Bureau of Investigation. CODIS consists of three levels of information; Local DNA Index Systems (LDIS) where DNA profiles originate, State DNA Index Systems (SDIS) which allows for laboratories within states to share information, and the National DNA Index System (NDIS) which allows states to compare DNA information with one another. The CODIS software contains multiple different databases depending on the type of information being searched against. Examples of these databases include, missing persons, convicted offenders, and forensic samples collected from crime scenes. Each state, and the federal system, has different laws for collection, upload, and analysis of information contained within their database. However, for privacy reasons, the CODIS database does not contain any personal identifying information, such as the name associated with the DNA profile. Th ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the Brahmi numerals, beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an Ascender (typography), ascender in most modern typefaces, in typefaces with text figures the character usually has a desc ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Parolee
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for eventu ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


DNA Analysis Backlog Elimination Act Of 2000
The DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, 42 U.S.C. 14135 ''et seq.'') is a United States Act of Congress that primarily allows US states to carry out DNA analyses for use in the FBI's Combined DNA Index System and to collect and analyse DNA samples. Under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14132, "Congress authorized the FBI to create a national index of deoxyribonucleic acid (DNA) samples taken from convicted offenders, crime scenes and victims of crime, and unidentified human remains." In response to this congressional mandate, the FBI established the Combined DNA Index System ("CODIS"). The CODIS database provides a means for state and local forensic laboratories to share DNA profiles in an attempt to "link evidence from crime scenes for which there are no suspects to DNA samples of convicted offenders on file in the system." However, the 1994 Act was interpreted by the FBI to permit only the creation of the CODIS, not ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Consuelo María Callahan
Consuelo María Callahan (born June 9, 1950) is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Background Consuelo María Callahan was born June 9, 1950 in Palo Alto, California. She was raised in Fremont, California and attended public schools in Fremont and in Los Altos, California. In 1972, she graduated from Stanford University with Bachelor of Arts degree, ''cum laude'', in English. She graduated from McGeorge School of Law at the University of the Pacific, with a Juris Doctor in 1975. In 2004, she received a Master of Laws from the University of Virginia School of Law. Consuelo Callahan began her law career as the Deputy City Attorney for Stockton, California, and then became Deputy District Attorney in San Joaquin County, California. She focused her practice on child abuse and sexual assault cases. In 1986, she became a commissioner of the Stockton Municipal Court. In 1992, she became the first Hispanic woman to be appoint ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]