What is the test for obtaining a DNA sample from a defendant who has been charged with a criminal offence?

The majority reasoned that the " 'watershed event' " of a " 'judicial or grand jury finding of probable cause' " justified permitting the government to "impose conditions on an individual that it could not otherwise impose on a citizen," such as a mandatory curfew, electronic monitoring or incarceration. (United States v. Pool, supra, 621 F.3d at p. 1219.) The court concluded "that where a court has determined that there is probable cause to believe that the defendant committed a felony, the government's interest in definitively determining the defendant's identity outweighs the defendant's privacy interest in giving a DNA sample as a condition of pre-trial release . . . ." (Id. at p. 1226, italics added.)