US Supreme Court to Review State DNA Testing Law

December 19, 2012

When it comes to protecting the rights of the accused, the Supreme Court of the United States gets the final say about what law enforcement officials can and cannot to do to investigate crime. Although law enforcement has generally been granted wide latitude to conduct investigations and collect evidence, they are limited by strong constitutional protections against unlawful search and seizure and unreasonable invasions of privacy.

During its current term, the Supreme Court will decide whether law enforcement officials are allowed to take DNA samples from people arrested on felony charges. The plaintiff in the case is a Maryland man who was convicted for rape based on DNA evidence obtained during an unrelated arrest.

The man was arrested on assault charges in 2009. Because he was charged with a violent offense, state law required law enforcement to take a sample of the man's DNA and submit it to a state database. The database showed that the man's DNA was connected to a 2003 rape. Ultimately, he was convicted of that crime.

The man appealed the conviction, arguing that the state should not have been able to take the DNA sample because people arrested for crimes have a higher expectation of privacy than those who have already been convicted. (The ability of states to obtain DNA samples from convicted criminals is not at issue.)

The Maryland Court of Appeals agreed, holding that the interests of law enforcement were outweighed by the privacy rights of the accused. It also noted that DNA testing was not necessary in order to identify the arrestee -- fingerprinting does a good enough job on its own.

After the Court of Appeals' ruling, the state appealed to the Supreme Court, which decided to allow the DNA testing law to remain in effect until a decision is reached.

Case will have nationwide impact

The consequences of the Supreme Court's decision will extend far beyond the state of Maryland. If the law is struck down, several other states will also have to revisit their DNA testing procedures. In addition, the Supreme Court's ruling will serve as precedent, guiding future state laws regarding the rights of the accused.

The Supreme Court's decision will also affect federal prosecutions, since all states make their DNA databases available for use by the FBI.

The case also highlights the importance of working with an experienced criminal defense attorney if you have been charged with a crime. Every person in the United States is entitled to the protections guaranteed in the Constitution, regardless of how serious the charges are. An experienced attorney will be able to evaluate the circumstances of the investigation and arrest to determine if any potential constitutional violations exist. If so, the attorney can challenge the resulting evidence to help ensure that rights of the accused are protected.

Article provided by Cunha & Holcomb, P.C.
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