On Tuesday, the Supreme Court will hear oral arguments in a case that will decide whether cops should be allowed to force people they arrest to give a DNA sample. Since the early 1990s, 26 states have passed laws requiring DNA to be collected upon arrest for a serious offense, and loaded into a national database, where it can help match offenders to unsolved crimes. This is the first time the Supreme Court has reviewed this practice, and the case promises to produce one of the most significant Fourth Amendment rulings in years.

The case at hand, Maryland v. King, centers around Alonzo King, who was arrested in 2009 after he was accused of pointing a gun at a group of people in Maryland. The police took his fingerprints and swabbed the inside of his cheek for DNA. King was convicted on assault charges and sentenced to four years in jail, but when his DNA profile was found to match evidence from an unsolved 2003 rape case, he was charged with that crime and sentenced to life in prison. King appealed his sentence, arguing that because the police took his genetic info without his consent, the DNA sampling violated his rights under the Fourth Amendment, which prohibits unreasonable searches and seizures. The Maryland supreme court agreed, and the state appealed to the highest court in the land.

Maryland, and the other 49 states, argue that DNA collection is essential to help correctly identify arrestees and solve crimes, since it allows for more accurate identification than fingerprinting or other methods. (Some of you have asked what types of serious crimes police can collect DNA on. Some states allow collection for any type of felony; other states limit collection to violent or sexual crimes.) The federal DNA database has helped solve thousands of crimes by linking evidence from unsolved cases to people who have been arrested months or years after the trail has gone cold.

Jayann Sepich's daughter Katie was brutally raped and murdered in 2003 in New Mexico, but her killer was not identified until three years later, after he was imprisoned for an unrelated offense. "Many, many times violent offenders are arrested but are not convicted immediately, or just plead guilty to a misdemeanor, and they continue to murder and rape again and again," says Sepich, who has since founded DNA Saves, an organization that got New Mexico to pass a DNA testing law in 2007, and continues to push for similar laws around the country.

Civil-liberties advocates say that the utility of DNA collection doesn't mitigate the unconstitutionality of swiping genetic information without permission. "Police justify their collection of DNA as being helpful in efforts to solve and prevent crime," says Steven Benjamin, president of the National Association of Criminal Justice Lawyers. "The problem is that just because a technique permits more effective police work, it doesn't absolve the constitutional problems. Taking DNA from mere arrestees is undeniably absolutely unconstitutional."

Continue reading at:  http://www.motherjones.com/politics/2013/02/scotus-dna-fourth-amend...

Views: 73

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Less Prone favorited cheeki kea's photo
7 hours ago
Doc Vega's 9 blog posts were featured
10 hours ago
Less Prone commented on Doc Vega's blog post Modern Day Cannibalism?
"You may be consuming human tissue unknowingly in vaccines, food or drink. One of the cruellest…"
10 hours ago
Less Prone favorited Doc Vega's blog post Modern Day Cannibalism?
11 hours ago
Less Prone favorited Doc Vega's blog post Death Threats for Assisting ICE?
11 hours ago
Less Prone commented on Doc Vega's blog post Death Threats for Assisting ICE?
"Democrats pretend to be icons of democracy, but what kind of rule do they have in mind? When they…"
11 hours ago
Less Prone commented on Doc Vega's blog post GROK Acknowledges the Co-existence of Humans and Dinosaurs
13 hours ago
omegamann posted photos
14 hours ago
Less Prone favorited Doc Vega's blog post GROK Acknowledges the Co-existence of Humans and Dinosaurs
14 hours ago
Less Prone commented on Doc Vega's blog post GROK Acknowledges the Co-existence of Humans and Dinosaurs
"I got some "proof" for you. An early prehistoric cave painting documented on a runestone."
14 hours ago
Less Prone favorited Doc Vega's blog post In the Political Realm They've Gone One Step Too Far!
14 hours ago
Less Prone commented on Burbia's video
Thumbnail

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

"Television programs have come down a lot in quality since those days. "
14 hours ago
Doc Vega posted a blog post

In the Political Realm They've Gone One Step Too Far!

I'm Your Host here on a completely new program. We call it One Step Too Far! Join us now for some…See More
yesterday
Doc Vega posted photos
yesterday
Doc Vega commented on Burbia's video
Thumbnail

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

"Wow almost as brainless as entitled as the college dolts who argued with Charlie Kirk before his…"
yesterday
Less Prone commented on Burbia's video
yesterday
Less Prone favorited Burbia's video
yesterday
Less Prone posted a video

America Copied Germany’s Jerry Can — But Missed The One Genius Detail that Made All the Difference

America Copied Germany’s WWII Jerry Can — But Missed The One Genuis Detail that Made All the DifferenceIn World War II, Allied armies were losing up to half ...
yesterday
Less Prone favorited Burbia's photo
Monday
Burbia posted a photo
Sunday

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted