FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Top News

SCOTUS Allows DNA Swabs During Arrests

June 03, 2013  | 

Photo courtesy of iStockPhoto.com.
Photo courtesy of iStockPhoto.com.
Police investigators can routinely collect DNA samples from suspects arrested for a serious crime to solve old cases, the U.S. Supreme Court ruled Monday.

The 5-4 ruling came in Maryland v. King, where a convicted rapist had argued his Fourth Amendment privacy rights were violated when police used DNA to connect him to an earlier crime. The court reinstated Alonzo King's conviction for a 2003 rape uncovered after his 2009 arrest for an unrelated assault.

Justice Anthony Kennedy disagreed with King's contention that the use of DNA evidence constituted a warrantless seizure. He said DNA collection is no different than taking a suspect's mug shot or fingerprints upon arrest.

In his dissenting opinion, Justice Antonin Scalia said he worried the ruling will allow law enforcement to collect DNA samples for minor offenses.

The federal government and at least 26 states now allow DNA collection at arrest, reports Bloomberg News.

Editor's note: Read full coverage of this decision in an upcoming Point of Law.

Related:

DNA Case Heads To U.S. Supreme Court

Tags: U.S. Supreme Court Cases, DNA Evidence, Fourth Amendment, Cold Cases


Comments (1)

Displaying 1 - 1 of 1

Lt. Sal @ 6/4/2013 8:59 AM

It is refreshing to see a decision go to the side of law enforcement. our hands seemed to get tied at every turn and the bad guys know it. This could truly benefit victims. Stay safe.

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

NYPD Officer Still in India Over Weapons Case
An Indian court says it won't rule before July 1 on the case of a New York City police...
Indiana K-9 Gets Donated Vest
Sheriff Robert Fyock of the Indiana County (Pa.) Sheriff's Department rests easier now...
Alabama Deputy Killed in Crash
A Covington County (Ala.) Sheriff's deputy who was killed in a two-vehicle crash Friday...
Kansas City Investigators Announce Arrest in Highway Shooting Cases
A suspect has been taken into custody in connection with as many as 20 highway shootings...
Video: 2 Indy Officers Dead in Apparent Murder-Suicide
Two Indianapolis police officers were found dead Thursday evening in an apparent...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of over 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine