December 01, 2012 (Press-News.org) US Supreme Court to review Maryland's DNA Collection Act
Maryland's DNA Collection Act permits law enforcement to collect genetic material from those arrested for a crime, even if they have not yet been convicted of that crime. The law does provide some limitations. The state can only collect DNA samples from individuals charged with a violent crime, such as sexual assault or murder.
The DNA samples are stored in a database and are used to link the suspects to other unsolved crimes. The constitutionality of the DNA Collection Act is being investigated by the United States Supreme Court in their review of Maryland v. King.
The facts ofMaryland v. King
In 2009, police arrested Alonzo King on the charges of first- and second-degree assault. Pursuant to the Maryland DNA Collection Act, law enforcement collected King's DNA at the time of his arrest. His DNA matched that collected from a 2003 rape case. King was ultimately convicted of rape. He appealed his conviction on the grounds that the Maryland DNA Collection Act violated his Fourth Amendment rights to be free from unreasonable searches and seizures. The Maryland Court of Appeals agreed and reversed his conviction.
The United States Supreme Court agreed to review the constitutionality of the law. In late July, Chief Justice John G. Roberts Jr. issued a ruling that while the Supreme Court was deciding the issue, the law could remain in effect. He called DNA collection "a valuable tool for investigating unsolved crimes." This month a group of Maryland lawmakers filed an amicus brief arguing that the law should be upheld because it is a critical tool for law enforcement.
Other states are dealing with the same issue
The constitutionality of a similar California law is currently before the Ninth Circuit Court of Appeals.
The California law under scrutiny, however, is more expansive than Maryland's DNA Collection Act. The California law requires that anyone arrested for a felony submit a DNA sample, regardless of whether the arrest w related to the commission of a violent crime. Maryland's law only applies to specific violent crimes like murder and sexual assault.
California law also required that persons who were not ultimately charged with a felony to request from the state Department of Justice to get their DNA removed from the state's database.
Experienced criminal defense attorney
DNA often is a deciding factor used to convict individuals in sex crimes cases. For individuals charged with a sex crime, it is important to prepare an aggressive defense from the start. An experienced Maryland criminal defense attorney can help protect your rights.
Article provided by Law Offices of Charles L. Waechter
Visit us at www.waechterlawfirm.com
US Supreme Court to Review Maryland's DNA Collection Act
The U.S. Supreme Court will review the validity of Maryland's DNA Collection Act which permits law enforcement to collect DNA evidence from those arrested for a crime, even if they have not yet been convicted of that crime.
2012-12-01
ELSE PRESS RELEASES FROM THIS DATE:
NHTSA Devises New Strategy to Curb Speeding
2012-12-01
NHTSA Devises New Strategy to Curb Speeding
Nearly every driver speeds from time to time. For some, driving 10 or 15 mph over the posted speed limit is simply standard practice.
The prevalence of speeding is one of the biggest threats to highway safety, both in New York and across the United States. Every year, speeding-related accidents claim more than 13,000 lives. Speeding is involved in one-third of all fatal accidents and is the third leading cause of traffic accidents overall.
Regulators and safety experts have long been looking for ways to encourage drivers ...
Marketing Your Franchise on Pinterest
2012-12-01
Marketing Your Franchise on Pinterest
Social media is a great way for franchisors and franchisees to define their brands and draw customers to their businesses. However, keeping up with changing trends can seem like a daunting task. With all the different social media options available, many businesses just don't know where to start.
Pinterest is one of the most recent entrants into the social media game. Unlike Facebook or Twitter, which rely on text-based "status updates," Pinterest allows users to "pin" pictures or videos to "pinboards" ...
Expungements and Set Asides: Mitigating the Potential Effects
2012-12-01
Many of us probably understand that a drunk driving conviction carries with it penalties like fines, loss of a driver's license, community service or even jail time. But many people many not quite realize the indirect consequences that stem from a DUI conviction--both short term and long.
After completing all requisite requirements under the law, individuals typically wipe themselves clean of their DUI conviction. Citing poor judgment or human error, and realizing their mistake, many simply want to move on. However, they later realize their DUI conviction is still affecting ...
Getting Veterans' Benefits Faster
2012-12-01
One of the most common questions we hear from veterans is: How long will the VA claims appeals process take? The answer depends on several factors, but the bottom line is that a good argument right away increases the likelihood of success at the earliest possible moment in the appeals process.
When veterans initially apply for veterans disability benefits, they are often surprised by the lengthy wait before their applications are approved. Many have their applications denied, for confusing reasons.
Veterans Affairs offices across the country have long wait times before ...
Florida Courts are Split on Pregnancy Discrimination Lawsuits
2012-12-01
Recently, a former "The Price Is Right" model sued for pregnancy discrimination. The California court awarded her $7.7 million in punitive damages. She had previously been awarded $777,000 in actual damages due to the discrimination. The woman alleged that the show's producers were angry to hear of her pregnancy and ignored her when she tried to return to work after giving birth. Luckily, California recognizes pregnancy discrimination.
Florida women who are victims of pregnancy discrimination may have a more difficult time. In Florida, courts weigh the issues ...
Business Owners Need to be Vigilant in Protecting Their Domain Names
2012-12-01
In today's tech age, you can scarcely find a business that doesn't have some type of online presence. In fact, many "stores" are almost exclusively found online - such as Amazon.com. Consequently, many traditional "brick and mortar" stores are finding themselves on the losing end of a battle between themselves and their online counterparts, given that online stores have much lower overhead costs.
In an effort to take part in this technological revolution, business owners routinely register new domain names in order to protect their spot on the internet. ...
Supercomputers Replacing Doctors?
2012-12-01
Doctors and other medical professionals have spent years learning about the various injuries and illnesses that may be affecting their patients. When a patient comes into a clinic or hospital, the doctor will have a discussion to find out some of the symptoms that are present. Using this information, the doctor may order tests to determine the condition or conditions that are causing the problems.
However, this process relies upon the doctor or physician to use his or her training to understand what may be wrong with the patient. This can take time and can be expensive, ...
Accidents on LSU Campus Threaten Student Pedestrian Safety
2012-12-01
A recent string of pedestrian accidents on the Louisiana State University campus in Baton Rouge has many students concerned. Three accidents involving student pedestrians occurred during a two-week period. In each of the accidents, the pedestrian had the right of way.
In the first accident, a 21-year-old student was relaxing in the grass on the campus quad when a maintenance truck drove past and rolled over the student's upper body. The student suffered facial injuries.
Another accident occurred just six days later. This one involved a 25-year-old student who was ...
Court Ruling Clarifies How Child Pornography Victims Collect Damages
2012-12-01
A recent ruling by the 5th Circuit Court of Appeals redefines the circumstances under which victims of child pornography may be awarded restitution. The ruling may change the outcomes of pending civil action against those convicted of viewing child pornography, though the decision will likely be appealed and challenged in the Supreme Court.
Current federal child pornography statutes
Federal statute 2259 allows victims of child pornography to collect restitution for the "full amount" of the losses they suffer as a result of their abuses, including medical ...
CHP Reports Increase in California Motorcycle Accident Fatalities
2012-12-01
Motor vehicle accident rates in California fluctuate for many reasons. For instance, car accident rates tend to rise at certain times of the year due to traffic volume, increases in drunk driving or weather-related factors. On a recent year-to-year basis, car and truck accident rates have been affected both by increased use of cell phones and texting devices, as well as state laws that prohibit certain types of distracted driving behavior.
A recent rise in the number of motorcycle fatalities in California has been attributed to other factors. Increased popularity of ...
LAST 30 PRESS RELEASES:
From fungi to brain cells: one scientist's winding path reveals how epigenomics shapes neural destiny
Schizophrenia and osteoporosis share 195 genetic loci, highlighting unexpected biological bridges between brain and bone
Schizophrenia-linked genetic variant renders key brain receptor completely unresponsive to both natural and therapeutic compounds
Innovative review reveals overlooked complexity in cellular energy sensor's dual roles in Alzheimer's disease
Autism research reframed: Why heterogeneity is the data, not the noise
Brazil's genetic treasure trove: supercentenarians reveal secrets of extreme human longevity
The (metabolic) cost of life
CFRI special issue call for papers: New Frontiers in Sustainable Finance
HKU Engineering scholar demonstrates the smallest all-printed infrared photodetectors to date
Precision empowerment for brain "eavesdropping": CAS team develops triple-electrode integrated functional electrode for simultaneous monitoring of neural signals and chemical transmitters during sleep
Single-capillary endothelial dysfunction resolved by optoacoustic mesoscopy
HKU three research projects named among ‘Top 10 Innovation & Technology News in Hong Kong 2025’ showcasing excellence in research and technology transfer
NLRSeek: A reannotation-based pipeline for mining missing NLR genes in sequenced genomes
A strand and whole genome duplication–aware collinear gene identification tool
Light storage in light cages: A revolutionary approach to on-chip quantum memories
Point spread function decoupling in computational fluorescence microscopy
BacPhase: Long-insert paired-end sequencing for bin marker construction and genome phasing
GmWOX1 regulates the mediolateral polarity of compound leaves in soybean
ChargeFabrica: An open-source simulation tool that aims to accelerate search for high performance perovskite solar cells
High levels of ADAR overexpression induce abundant and stochastic off-target RNA editing in rice protoplasts
On-demand upgraded recycling of polyethylene and construction of sustainable multifunctional materials based on the "LEGO" strategy
New "Stomata in-sight" system allows scientists to watch plants breathe in real-time
Anorexia nervosa may result in long-term skeletal muscle impairment
Narrative-based performance reviews deemed fairest by employees
New insights reveal how advanced oxidation can tackle emerging water pollutants
New review shows how biomass can deliver low-carbon gaseous fuels at scale
Climate change is quietly rewriting the world’s nitrogen cycle, with high stakes for food and the environment
Study finds SGLT-2 inhibitors linked to lower risk of diabetic foot nerve damage
Microbes may hold the key to brain evolution
Study examines how the last two respiratory pandemics rapidly spread through cities
[Press-News.org] US Supreme Court to Review Maryland's DNA Collection ActThe U.S. Supreme Court will review the validity of Maryland's DNA Collection Act which permits law enforcement to collect DNA evidence from those arrested for a crime, even if they have not yet been convicted of that crime.