By JESSE J. HOLLAND

(AP) In this April 14, 2011 file photo, Supreme Court Justice Anthony Kennedy testifies on...
Full Image


WASHINGTON (AP) - A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.

"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.

But the four dissenting justices said that the court was allowing a major change in police powers.

"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.

At least 28 states and the federal government now take DNA swabs after arrests. But a Maryland court was one of the first to say that it was illegal for that state to take Alonzo King's DNA without approval from a judge, saying King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches."

But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

Getting DNA swabs from criminals is common. All 50 states and the federal government take cheek swabs from convicted criminals to check against federal and state databanks, with the court's blessing. The fight at the Supreme Court was over whether that DNA collection could come before conviction and without a judge issuing a warrant.

According to court documents, the FBI's Combined DNA Index System or CODIS - a coordinated system of federal, state and local databases of DNA profiles - already contains more than 10 million criminal profiles and 1.1 million profiles of those arrested.

In the case before the court, a 53-year-old woman was raped and robbed but no one was arrested. Almost six years later, Alonzo King was arrested and charged with felony second-degree assault. Taking advantage of the Maryland law that allowed warrantless DNA tests following some felony arrests, police took a cheek swab of King's DNA, which matched a sample from the 2003 Salisbury rape. King was convicted of rape and sentenced to life in prison.

King eventually pleaded guilty to a lesser charge of misdemeanor assault from his arrest, a crime for which Maryland cannot take warrantless DNA samples. The state courts said it violated King's rights for the state to take his DNA based on an arrest alone. The state Court of Appeals said King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches." But the high court's decision reinstates King's conviction.

Maryland stopped collecting DNA after that decision, but Roberts allowed police to keep collecting DNA samples pending the high court's review.

http://apnews.myway.com/article/20130603/DA6MB4680.html

Views: 122

"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 photos
2 hours ago
tjdavis posted a video

The UK Has Just Reached It's Boiling Point - Ricky Gervais

Ricky Gervais - Frustration still there a year on.Nicholaswatt reports what he has been told by a parliamentary veteran, who warns: "'My constituents feel th...
2 hours ago
Doc Vega posted a blog post

Terrorized on a 3 Day Weekend

 We had a holiday weekend coming up. My ex, whom I was sharing custody with was off for her…See More
5 hours ago
Sandy posted videos
yesterday
Sandy replied to 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
"Interesting. I always thought he was still alive. Probably given some plastic surgery and a witness…"
yesterday
WIllow is now a member of 12160 Social Network
yesterday
Burbia commented on Less Prone's video
Thumbnail

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

"Props to Schottenstein on his foray out of the woods that was DEI and wokeness. "
yesterday
Burbia replied to 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
"One of the theories floating around was Hilary Clinton's brother Hugh, was the one…"
yesterday
Sandy posted a discussion
yesterday
Doc Vega posted blog posts
Wednesday
Less Prone favorited Sandy's video
Wednesday
Less Prone favorited tjdavis's video
Wednesday
Less Prone posted a video

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

AI Parody Music Video poking fun at the online hysteria surrounding Sydney Sweeney's American Eagle jeans campaign.✅ Blue jeans✅ Blonde panic✅ DEI gone wild✅...
Wednesday
tjdavis posted a video

How "Free" P*rn Sites Really Work (and Who Runs Them)

Excerpt from This Past Weekend w/ Theo Von #559 Laila MickelwaitFull Episode: https://youtu.be/9J7187j4PO4?si=2GUNymssKJpe6nEvFind Theo Von:Website: https://...
Wednesday
tjdavis posted a blog post
Wednesday
Doc Vega posted blog posts
Tuesday
Doc Vega commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"I've had my account with YouTube terminated before over bullshit excuses because they…"
Tuesday
Doc Vega commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Remember, though he makes his points, this man used the Beatles White Album as his own manifesto of…"
Tuesday
Sandy posted videos
Monday
Sandy posted a photo
Monday

© 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