Convicted Saudi princeling says effort to make him give up a DNA sample would violate his constitutional rights

As the Herald reports, the state's highest court tomorrow considers whether to quash the arrest warrant Suffolk County has out for Bader al Saud, of that House of Saud, because he left the country rather than reporting to a probation officer after his release from jail for mowed down a Cambridge father on Charles Street while drunk early one morning in 2002.

In their written appeal to the Supreme Judicial Court, al Saud's lawyers argue he had no choice but to leave the country immediately because ICE told him he could either fly out of Logan right away or be deported. And because he had no choice, making him comply with state probation procedures that he serve two years of probation and supply a DNA sample would violate his due-process rights under both federal and state constitutions:

In rejecting Bader A1 Saud's departure to Saudi Arabia to explain his inability to comply with the terms and conditions of his probation, the Court held him to the impossible requirement of reporting to Probation while being forced to remain in custody from the time of his incarceration until he was placed on a flight to leave the country per the requirement of ICE, and then while living halfway around the world.

In its retort, the Suffolk County District Attorney's office says Al Saud could have asked ICE for enough time to meet with a probation officer in Boston and that by "voluntarily" leaving, rather than being formally deported, Al Saud retained the right to ask to re-enter the United States. Because of that, he poses a potential risk should he return and so should be compelled to give up some DNA for entry into a national DNA registry of criminals.

• Al Saud's brief
• Suffolk County District Attorney's brief