Today, the United States Supreme Court narrowly upheld procedures used in Maryland to collect DNA evidence.
Holding: When officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 3, 2013. Justice Scalia filed a dissenting opinion in which Justice Ginsburg, Sotomayor, and Kagan joined.
For more detail and history of the Maryland v. King case, see the full SCOTUSblog webpage.
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