SCOTUS To Determine Whether Search Warrant Is Required For Collection of DNA samples.

In State of Maryland v. King, the Court will address the issue of whether law enforcement will need a search warrant to collect DNA samples from suspects arrested for serious crimes.  In the King case, police charged Alonzo King Jr., for a 2003 rape after an arrest on an unrelated charge in 2009.  The Maryland Supreme Court overturned the conviction on the basis that there was no need to collect the DNA as the police were “confident” King was the perpetrator.  Currently there are 27 states and the Federal gov’t which allow the collection of DNA from people arrested but not yet convicted of a crime.

In a related case, the 9th Circuit recently ruled that California law enforcement can keep collecting DNA from people arrested for felonies, because the State’s interest in solving cold cases and even exonerating the wrongly accused outweighs any privacy issues.