Today the U.S. Supreme Court will arguments on whether the Fourth Amendment allows warrantless, suspicion less DNA collection from anyone arrested, but not convicted, of a "serious crime." In Maryland v. King, Maryland will argue that states should be permitted to use DNA to investigate cold cases even when the arrestee is not a suspect. King will explain that the Fourth Amendment requires a probable cause warrant for routine law enforcement investigations. EPIC filed a "friend of the court" brief, joined by the 27 technical experts and legal scholars, that describes how DNA collection and use "has grown dramatically and unpredictably over time." EPIC has asked the U.S. Supreme Court to affirm the decision of the Maryland Supreme Court, which held that a warrant is required for the collection of a DNA sample. For more information, see EPIC: Maryland v. King and EPIC: Genetic Privacy.
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by Ryan Calo, A. Michael Froomkin,