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: 125

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega commented on Doc Vega's blog post Why Was The TV Show “The Outer Limits” Such a Threat?
"Gordon thanks for your support."
1 hour ago
Doc Vega posted a blog post

What If origins on Our Planet are Different Than we Think?

 For a long time now there has been a theory that would fit into both creationism and the simulated…See More
1 hour ago
honeygirl posted a video

All Bases Erased, Air Defense Shattered ! Iranian Missiles Massacre U.S. FORCES | Douglas Macgregor

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
1 hour ago
Less Prone favorited Sandy's video
14 hours ago
Less Prone favorited Doc Vega's blog post The Escape
14 hours ago
Less Prone posted a photo

Same Package - Different Label

This way or that way, we get to the same place. It's time to take another road.
15 hours ago
Less Prone favorited Sandy's video
15 hours ago
agen Dadu is now a member of 12160 Social Network
15 hours ago
Less Prone commented on tjdavis's photo
Thumbnail

TRIVIA OF THE DAY Kier means “Penis” in Persian

"Nomen est omen. A political dick destroying his own country."
15 hours ago
tjdavis's blog post was featured
15 hours ago
Doc Vega's 2 blog posts were featured
15 hours ago
tjdavis favorited honeygirl's video
19 hours ago
Doc Vega posted blog posts
yesterday
Doc Vega commented on cheeki kea's blog post IN ITS OWN WORDS: CHAT GPT LAYS OUT THE AGENDA.
"Wow! The final progressive steps to the government run matrix. Now just fine tuning it. I…"
yesterday
cheeki kea commented on Doc Vega's blog post The Escape
"That's a great poem it's a good time for writing being national poetry month in America…"
yesterday
cheeki kea favorited honeygirl's video
yesterday
cheeki kea commented on cheeki kea's blog post The Decades of Evidence SSRI Antidepressants Cause Mass Shootings
"All good points guys and perhaps in the future we'll see some new freak show of mRNA vax that…"
yesterday
cheeki kea posted a blog post
yesterday
Doc Vega commented on cheeki kea's blog post The Decades of Evidence SSRI Antidepressants Cause Mass Shootings
"SSRI's are poor substute for counciling soldiers back from war suffering from PTSD! "
Tuesday
Doc Vega favorited cheeki kea's blog post The Decades of Evidence SSRI Antidepressants Cause Mass Shootings
Tuesday

© 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