What is the test for establishing that continued possession of DNA without a search warrant violates the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Bill v. Brewer, 799 F.3d 1295 (9th Cir. 2015):

4 On appeal, plaintiffs have not developed the arguments made below that continued possession of their DNA violates the Fourth Amendment and that the defendants omitted material information from the applications to the superior court. Thus, these arguments are forfeited. See Carmickle v. Comm'r, Soc. Sec. Admin., 533 F.3d 1155, 1161 n. 2 (9th Cir.2008) (declining to address argument because it was not argued with any specificity on appeal).

4 On appeal, plaintiffs have not developed the arguments made below that continued possession of their DNA violates the Fourth Amendment and that the defendants omitted material information from the applications to the superior court. Thus, these arguments are forfeited. See Carmickle v. Comm'r, Soc. Sec. Admin., 533 F.3d 1155, 1161 n. 2 (9th Cir.2008) (declining to address argument because it was not argued with any specificity on appeal).

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