Supreme Court OKs DNA Collection on Arrest

Top justices rule that police have the right to take DNA swabs from people who are arrested, even before they are convicted.

Written byDan Cossins
| 2 min read

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STOCK.XCHNG, SCHULERGDThe Supreme Court yesterday (June 3) ruled that law enforcement authorities can take DNA samples from people arrested for serious crimes, such as violence or burglary, reported Reuters.

With a narrow 5-4 majority, the justices rejected a 2012 decision by the Maryland Court of Appeals, which held that authorizing the sampling of DNA from people who had not been convicted is a breach of the Fourth Amendment right against unreasonable search and seizure.

The practice is a valuable tool for investigating unsolved crimes, but the court justified the ruling on the grounds that it is a legitimate way to identify suspects.“[T]aking 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,” wrote Justice Anthony Kennedy for the majority.

Justice Antonin Scalia expressed vigorous dissent from the bench. Scalia said that the majority’s justification “taxes the credulity of ...

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