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

james will's blog post was featured
11 hours ago
Less Prone favorited james will's blog post What Is Tubidy? A Complete Beginner’s Guide
11 hours ago
Roberto Castorena is now a member of 12160 Social Network
yesterday
Less Prone favorited tjdavis's photo
yesterday
Doc Vega posted a blog post

What They Told Us About Health and Now it’s Completely Reversed?

 Remember growing up that they told us all of these rules of thumb when it came to your…See More
Thursday
tjdavis posted a photo
Thursday
Less Prone commented on Doc Vega's photo
Thumbnail

G99Gt39XEAAyu6Y

"Judges with bad judgement should be working somewhere else. When political affiliation surpasses…"
Thursday
Doc Vega commented on Doc Vega's blog post GROK Acknowledges the Co-existence of Humans and Dinosaurs
"Less Prone, this Carlos guy has a unique artistic approach but it's not proof. There's…"
Wednesday
Doc Vega posted photos
Tuesday
Doc Vega posted blog posts
Tuesday
tjdavis posted a photo
Jan 4
Sandy posted a video

KILL THE MESSENGER - Hero Journalist Featurette - In Theaters Friday

In this featurette “Gary Webb: Hero Journalist,” Jeremy Renner (Webb), director Michael Cuesta, Sue Webb and others explore the real man, investigative journ...
Jan 4
Sandy posted a photo
Jan 4
Less Prone commented on Burbia's blog post A Masterclass Is Being Played Out For Those Who Have The Eyes To See
"Yes. One of their functions is distraction, but they also bring chaos and crime and change…"
Jan 3
Less Prone favorited Burbia's blog post A Masterclass Is Being Played Out For Those Who Have The Eyes To See
Jan 3
Burbia posted a blog post

A Masterclass Is Being Played Out For Those Who Have The Eyes To See

A question can be asked, why do Jews want a multicultural community in a host society? It is to…See More
Jan 3
tjdavis posted a video

City of Joel - Official Trailer

Now Available on Digital - http://bit.ly/2uxDibn50 miles north of New York City, the town of Monroe is a microcosm for a hyper-partisan and divided nation as...
Jan 2
Doc Vega favorited omegamann's photo
Jan 2
Doc Vega commented on Doc Vega's blog post Death Threats for Assisting ICE?
"Less Prone excellent points and I've seen that video too. Very informative! "
Jan 2
Doc Vega commented on Doc Vega's blog post In the Political Realm They've Gone One Step Too Far!
"Less Prone thanks for your support! "
Jan 2

© 2026   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