Tag Archive for: DNA evidence

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

Supreme Court OKs DNA Collection by Police

Fingerprinting is a valuable forensic tool for verifying the identity of a criminal defendant. DNA can provide a more accurate way to establish whether a person was physically present at a crime scene and is being utilized as evidence in a growing number of cases. However, the practice in several states, including Maryland, of swabbing arrestees for DNA has raised constitutional questions regarding the definition of reasonable searches.

  • A recent Supreme Court ruling gave Maryland law enforcement the green light to take DNA swabs in addition to recording fingerprints and taking photos as part of the standard booking procedure. A majority of five justices argued that collecting DNA is reasonable when there is probable cause that a serious offense has been committed.
  • The dissenting opinion was uncomfortable with the vague definition of “serious offense” and worried that law enforcement agencies were using DNA collection as an investigative tool instead of an identification method. For instance, Maryland police connected Alonzo Jay King to an unsolved rape case using DNA they obtained when they arrested him on an unrelated assault charge. Police might expand the number of alleged “probable cause” arrests they make as a way to expand their DNA databases. As Justice Scalia wrote, “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.”

Expanding the national DNA database might lead to more criminal convictions, but it may also increase the number of people who are wrongly accused and convicted of crimes they did not commit. DNA can reveal a great deal of information about a person, but mistakes at the crime scene or forensic lab can ruin the life of an innocent person.

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

DNA and You: What Are Your Rights if Arrested In Alabama?

In a narrow five to four decision by the United States Supreme Court, the Court ruled that collection of genetic material upon arrest is reasonable under the Fourth Amendment. Alabama already collects genetic material from those arrested on felony crimes. How does this affect you?

The Supreme Court case Maryland v King arose from the conviction of Alonzo Jay King, Jr. for a 2003 rape linked to him through collection of his genetic material on an unrelated offense. At issue was the question of whether the collection of DNA prior to conviction constituted an unreasonable search under the Fourth Amendment.  Opinion from the Court included:

  • For the majority, Justice Kennedy wrote 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.
  • For the dissenting minority, Judge Scalia, speaking from the bench, said he hoped one day the decision in the case would be repudiated, adding [t]oday’s judgment will, to be sure, have the beneficial effect of solving more crimes; then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver’s license, or attends a public school.

Alabama is one of 28 states that already allow collection of genetic material upon arrest for certain sexual offenses and felony crimes. If you are arrested for a serious crime, your DNA will be collected and added to the growing body of biometric information gleaned willingly and unwillingly from people every day across the United States.

Inherent rights under the Fourth Amendment of the Constitution of the United States continue to erode. When you are arrested for any crime, seek experienced, reputable legal counsel.