DNA collection of arrestees an issue in U.S. Supreme Court case

April 14, 2013

DNA collection of arrestees an issue in U.S. Supreme Court case

Article provided by William Foreman, P.C.
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When a person has been arrested for a serious crime, this person will be questioned extensively by investigators in an effort to gather more evidence against the individual. However, there are procedures in place to prevent police from stepping over the line when trying to obtain this information. If the officer violates the suspect's constitutional rights, it may lead to the exclusion of evidence.

Some states have passed laws that allow police to obtain DNA from suspects arrested for certain crimes. These laws are an extension of prior rules which permitted DNA samples from those who have been convicted of crimes.

In Arizona, police may take DNA from individuals who have been arrested for specific sex crimes. They may also obtain DNA from others who have been actually convicted of any felony.

Recently, laws concerning DNA testing for those arrested of crimes but not yet convicted are being questioned about their constitutionality. Critics of these laws contend that they violate an individual's right to privacy, while proponents feel that the invasion is minimal. The balance between these two interests has led to a current case before the U.S. Supreme Court.

The case concerns DNA collection from arrestees in Maryland. The law in that state permits DNA collection for anyone arrested for a crime of violence, attempted crime of violence, or burglary-related offenses.

The individual in this matter was arrested for assault. The suspect's DNA was taken and entered into a database, where it matched the profile for an unsolved rape. Further testing proved a match, and the individual was convicted of first-degree rape, which carried a sentence of life in prison.

The individual contested that the DNA sample taken after the arrest was an invasion of his reasonable right to privacy against warrantless searches. The Maryland Court of Appeals agreed with this theory, and stated that the law was unconstitutional when applied to those who had merely been arrested for certain crimes.

The Supreme Court recently heard arguments on this case, and is expected to issue a decision shortly. If these rules are deemed to be valid, it could lead to more expansive laws on DNA collection. This could mean that more individuals arrested for minor offenses would have to submit to DNA tests, and then potentially face serious criminal charges if their DNA profiles match samples from unsolved crimes.

If you have been accused of a crime, speak to an experienced criminal defense attorney about the options that are available to you. If you are arrested, do not speak to police without your attorney present. It is important to have someone protecting your rights, who can advise you on the decisions that you need to make at this time.