Does The Fourth Amendment Allow States To Collect DNA From People Arrested, But Not Convicted?

There is a general understanding that when someone is convicted of a serious crime a DNA sample is taken and placed in the National DNA database for use by law enforcement. It is lesser known that police in many states retrieve DNA samples from people who have only been arrested and not convicted of a crime.

The question at hand is: does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of a serious crime?

The practice of collecting DNA samples from arrestees has been brought to the Supreme Court's attention as a result of a Maryland statute. The case involved a DNA sample taken from Alonzo Jay King, Jr. in 2009 after he was arrested. His DNA sample taken matched a sample from an unrelated and unsolved 2003 rape case. King was then convicted of the 2003 rape, in spite of his argument that the collection of his DNA was an unlawful search.

There is a general consensus that a person who has been arrested has a greater right to privacy than someone who has been convicted. Opponents of taking DNA samples from arrestees say that it is a bodily intrusion and should require a search warrant. Advocates argue that there is nothing in one's DNA that discloses anything private. Civil liberty advocates and opponents of the practice both agree that the act of collecting DNA before a conviction increases the risk that errors could occur. In addition to DNA already being susceptible to mislabeling, contamination, and fraud.

It will be up to the Court to find the balance between a person's right to privacy and the needs of law enforcement. This ruling will likely set a new precedence for our country. 

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been arrested for, or are under investigation of a criminal matter.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
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