A deeply divided Supreme Court ruled Monday that law enforcement may warrantlessly collect DNA samples from people arrested, but not yet convicted, of crimes. In Maryland v. King, the Court held that when the police have probable cause to arrest someone, the collection of DNA is analogous to fingerprinting or photographing. The decision was 5-4. Writing in dissent, Justice Scalia, joined by Justice Ginsburg, Kagan, and Sotomayor, stated "Make no mistake about it: . . . your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason." EPIC wrote a "friend of the court" brief arguing against warrantless DNA searches. EPIC's brief described the rapid expansion of DNA collection in the United States and the lack of sufficient safeguards for private genetic information. For more information, see EPIC: Maryland v. King and EPIC: Genetic Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler