US Supreme Court holds DNA samples can be taken from arrestees

June 26, 2013 (Press-News.org) US Supreme Court holds DNA samples can be taken from arrestees

Article provided by The Law Office of Matthew J. Davenport, P.A.
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The U.S. Supreme Court recently issued a decision in a case that could change certain procedures followed after an individual is arrested in North Carolina. Currently, people in North Carolina who are arrested can have their fingerprints and photograph taken. The Supreme Court's decision will also allow law enforcement officers to take a sample of the arrestee's DNA.

Many people have raised concerns about the ruling, questioning whether it infringes on American's Fourth Amendment rights. The Fourth Amendment of the U.S. Constitution provides that people should be free from "unreasonable searches and seizures."

Maryland v. King

The case before the high court -- Maryland v. King -- originally arose in 2003, when a woman in Maryland was raped. At the time, there were no arrests made in the case. Then, in 2009, a man was arrested on assault charges. A Maryland law allowed law enforcement officers to take a DNA sample -- using a cheek swab -- of individuals who were arrested for certain crimes.

The DNA sample taken from the individual was then matched to the case from 2003. Consequently, he was charged with rape. The man was convicted and he received a sentence of life in prison, despite his argument that his Fourth Amendment rights had been violated when the DNA sample was taken without a warrant.

In the majority opinion, written by Justice Kennedy, five justices agreed that DNA samples may be taken from individuals whose arrests are supported by probable cause. Justice Kennedy compared taking a DNA sample to the other typical police booking procedures of taking the individual's photograph and fingerprints.

Mixed reactions to the Supreme Court's decision

People have since spoken out both in favor and in opposition to the high court's decision. Some of those in support of the decision have speculated that it may result in those who have been wrongfully accused and convicted of crimes of being set free. Others have countered, however, that it is unlikely that DNA samples obtained from newly arrested individuals will be compared to evidence gathered in closed cases.

Those in opposition have pointed not only to the Fourth Amendment infringements, but also to the logistical problems the large number of samples could produce. According to the Department of Justice, in 2009, there was a backlog of approximately 900,000 screening requests for DNA testing across the country.

When people are accused of a crime, it is critical that they understand their rights. In such situations, consulting with a knowledgeable criminal defense attorney will ensure their rights are protected.