The Supreme Court has agreed to hear Maryland v. King, a challenge to the constitutionality of the State's DNA Collection Act. The Act authorizes law enforcement to collect DNA samples from individuals arrested, but not convicted, for certain crimes. The lower court held that the Act was unconstitutional as applied to the defendant because the warrantless collection of DNA from a mere arrestee was an unlawful search and seizure under the Fourth Amendment. The Maryland court previously upheld the Act as applied to convicted felons in State v. Raines. EPIC filed an amicus brief in Raines and other cases involving compelled DNA collection in California, Louisiana, and the District of Columbia. EPIC has argued that the privacy implications of DNA collection are greater than fingerprint collection. A recent report from the President's Commission on Bioethics recommends limiting law enforcement access to DNA information. For more information, see EPIC: Genetic Privacy and EPIC: DNA Act.
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Communications Law and Policy
Jerry Kang and Alan Butler