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: 123

"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 Burbia's video
12 hours ago
tjdavis posted photos
22 hours ago
Doc Vega posted a blog post

Who Were the Silver Ghosts and Fork Tailed Devils Over Germany in WWII?

 The year is 1943 and the Germans are punishing the US Eighth Air Force during their daylight…See More
yesterday
tjdavis posted a video

THE GREAT FLOOD Official Trailer (2026) Netflix | Global Disaster Movies 4K

🌊 A world pushed past the breaking point.In THE GREAT FLOOD (2026), rising oceans, collapsing cities, and unstoppable storms trigger a global disaster unlik...
Tuesday
Doc Vega posted a blog post

Mothman Prophecies

When suddenly the universe looked downIt seemed everything came unwoundI wondered if my sanity was…See More
Monday
rlionhearted_3 posted a status
"Joined Facebook after a 5 year absence. One absolutely undeniable picture that Hunter was in!!!!"
Sunday
rlionhearted_3 commented on rlionhearted_3's photo
Sunday
rlionhearted_3 posted photos
Sunday
Doc Vega posted a blog post

The 100 Series Designated for SAC and a Possible WWIII

 The “100 Series” as these fighter aircraft were labeled were a succession of Mach II capable…See More
Saturday
tjdavis posted a video

Human Be-In - Full Program - 1/14/1967 - Polo Fields, Golden Gate Park (Official)

Human Be-In - Full ProgramRecorded Live: 1/14/1967 - Polo Fields, Golden Gate Park - San Francisco, CAMore Human Be-In at Music Vault: http://www.musicvault....
Saturday
Less Prone favorited Doc Vega's blog post How Hollywood Sci Fi Predicted the Future?
Dec 5
Doc Vega posted blog posts
Dec 4
Less Prone commented on Doc Vega's blog post Your Arrival on Planet Earth
"So sad to see a nice place be ruined by its inhabitants.... It's that shitholeness spreading…"
Dec 4
Doc Vega commented on tjdavis's blog post Under An Ionized Sky
"Jesus Christ this is more diabolical than just about anything I've studied even though I knew…"
Dec 4
Doc Vega commented on Doc Vega's blog post Your Arrival on Planet Earth
"Less Prone Nothing wrong with the planet. It's the inhabitants who are the problem."
Dec 4
tjdavis's 2 blog posts were featured
Dec 4
Doc Vega's 5 blog posts were featured
Dec 4
Less Prone commented on Doc Vega's blog post Your Arrival on Planet Earth
"That assignment on the blue planet intrigued me a lot. And here we are now! I cannot say it's…"
Dec 4
Less Prone favorited Doc Vega's blog post Your Arrival on Planet Earth
Dec 4
Burbia's blog post was featured

Sebastion Piñera and 5G

 Sebastion Piñera “The start of the bidding process for the 5G network. Let’s listen to the threats…See More
Dec 4

© 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