Categorized | National News

Supreme Court Says Police Can Take DNA Upon Arrest

WASHINGTON – In a major victory for law enforcement agencies, a divided Supreme Court on Monday ruled that police can take a DNA sample from someone who has been arrested and charged, but not convicted of a serious crime.

In a narrow 5-4 vote, the court handed a victory to the state of Maryland by saying that taking DNA samples from arrestees was similar to taking fingerprints. Of the 50 states, 29 have laws that allow DNA samples prior to conviction in certain instances, as does the federal government. All 49 other states backed Maryland in the case.

The Supreme Court reversed a decision made last April by Maryland’s highest court that overturned the 2010 conviction and life sentence of Alonzo Jay King for a rape committed seven years earlier.

In a majority opinion, Supreme Court Justice Anthony Kennedy said DNA samples can be taken if police have probable cause to detain a suspect facing charges relating to a “serious offense.”

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