Friday, September 20, 2013

U.S. SUPREME COURT UPHOLDS WARRANTLESS SWAB TO IDENTIFY ARRESTEES

In Maryland v. King, a 5-4 majority of the U.S. Supreme Court held that the Fourth Amendment protection against unreasonable searches and seizures did not prohibit law enforcement from collecting DNA samples from suspects arrested for serious crimes. The majority of the court concluded that taking and analyzing check swabs for DNA to help identify arrestees is like fingerprinting, minimally intrusive and a reasonable police booking procedure under the Fourth Amendment. In dissent, Justice Scalia said the Fourth Amendment forbids searching a person for evidence of a crime when there is no basis to believe they committed the crime. “I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection,” Scalia wrote.

Those in support of this opinion see the case as an important weapon in the fight against crime, while critics see the case as a significant infringement on privacy and Fourth Amendment freedoms.


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