Aggregated News
With its decision in Maryland v. King [pdf], the Supreme Court finally stepped into the debate about the use of DNA databases in the criminal justice system. The United States now has the largest DNA database in the world, with 10.4 million offender profiles and 1.5 million arrestee profiles as of June 2013. In King, the Court was called upon to decide whether the Fourth Amendment prohibits the collection of DNA samples from arrestees without a warrant or probable cause, the traditional requirements of searches and seizures.
The majority opinion, written by Justice Kennedy, held that the collection of a DNA sample from an arrestee in these circumstances constituted a reasonable Fourth Amendment search, given the outcome of a balancing of interests between the government and the individual. In a sharply written dissent, Justice Scalia criticized the majority’s approval of searches that were conducted specifically for law enforcement purposes yet did not conform to traditional Fourth Amendment requirements.
While King affirms that DNA databanking in the criminal justice system is here to stay, the majority opinion, when considered with...
The majority opinion, written by Justice Kennedy, held that the collection of a DNA sample from an arrestee in these circumstances constituted a reasonable Fourth Amendment search, given the outcome of a balancing of interests between the government and the individual. In a sharply written dissent, Justice Scalia criticized the majority’s approval of searches that were conducted specifically for law enforcement purposes yet did not conform to traditional Fourth Amendment requirements.
While King affirms that DNA databanking in the criminal justice system is here to stay, the majority opinion, when considered with...
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