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: 72

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

tjdavis posted blog posts
17 hours ago
Sandy commented on tjdavis's blog post Drones Used In Gaza Surveilling US Cities
yesterday
Less Prone favorited cheeki kea's photo
yesterday
cheeki kea commented on cheeki kea's photo
Thumbnail

ancient lost worlds ~ DNA

"The area of Ket and Selkup  peoples.There have been groups of people that have long…"
yesterday
cheeki kea posted a photo
yesterday
cheeki kea commented on Less Prone's video
Thumbnail

FEYNMAN: THE QUEST FOR TANNU TUVA (1988)

"Wow. And as strange coincidence this could be the very place of the great migration ( to America,…"
yesterday
cheeki kea favorited Less Prone's video
yesterday
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Wednesday
tjdavis posted a blog post
Wednesday
tjdavis posted photos
Tuesday
Less Prone posted a video

FEYNMAN: THE QUEST FOR TANNU TUVA (1988)

100th birthday present! Richard Feynman (1918-88), physicist, and his friend Ralph Leighton became fascinated by the remote and mysterious Asian country of T...
Tuesday
tjdavis favorited cheeki kea's video
Monday
tjdavis posted blog posts
Monday
cheeki kea commented on Doc Vega's blog post Grooming the New Generation of Assassins
"That's right. Many countries head down that road into a terrorising future of Self ID-ers. (…"
Oct 31
Doc Vega posted a blog post

Terror on All Hallows Eve Pt. 2 The Aftermath

Elizabeth had just gotten home from Junior High when the doorbell rang. She’d barely put her books…See More
Oct 30
Doc Vega commented on Doc Vega's blog post Grooming the New Generation of Assassins
"cheeki kea, I fear that we are headed further down the road of inhumanity institutionalized by the…"
Oct 30
omegamann is now a member of 12160 Social Network
Oct 29
Doc Vega commented on Doc Vega's blog post Three Must See Movies for Halloween
"cheeki kea Thanks. I watched most of the movie but I'd forgotten until a few minutes into it…"
Oct 29
cheeki kea commented on Doc Vega's blog post Three Must See Movies for Halloween
"That's a fine movie menu you've got Doc V. I love the old days theme. Great to view when…"
Oct 29
Doc Vega posted a blog post

Three Must See Movies for Halloween

Grab Your Popcorn and Settle In!  If you really want to get in the mood for Halloween and you like…See More
Oct 28

© 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