The Court's opinion barely mentions the crucial fact about this case.

See Denver’s Study on Preventable Crimes (2009) (three examples), online at http://www.denverda.org/DNA_ Documents/Denver%27s%20Preventable%20Crimes%20 Study.pdf (all Internet materials as visited May 31, 2013, and available in Clerk of Court’s case file); Chi-cago’s Study on Preventable Crimes (2005) (five exam- ples), online at http://www.denverda.org/DNA_Documents/ Arrestee_Database/Chicago%20Preventable%20Crimes- Final.pdf; Maryland Study on Preventable Crimes (2008) (three examples), online at http://www.denverda.org/DNA_ Documents/MarylandDNAarresteestudy.pdf. 47J, 515 U. S., at 658.

In this respect the only difference between DNA analysis and the accepted use of fingerprint databases is the unparalleled accuracy DNA provides.

Ibid.

428 U. S. 543 Why the Court believes them relevant to the meaning of that Amendment is therefore something of a mystery. It was not until August 4, 2009—four months after King’s arrest—that the forwarded sample transmitted (without identifying information) from the Maryland DNA database to the Federal Bureau of Investigation’s national database was matched with a sample taken from the scene of an unrelated crime years earlier. Pp. .
The entire point of the DNA database is to check crime scene evidence against the profiles of arrestees and convicts as they come in. Court of Nev., Humboldt Cty., 542 U. S. 177, 191.

The instant case can be addressed with this background. It is at this point that a judicial officer ensures that there is probable cause to detain the arrestee on a qualifying serious offense.

The holding and reasoning section includes: v1479 - b705b5e02d782e2236ca32952d2cf20f3c046f31 - 2020-09-25T12:14:31Z. 1 (One would expect such a section to play a somewhat larger role in the Court’s analysis of the Act’s purpose—which is to say, at least some role.) innocent people.” J. Dwyer, P. Neufeld, & B. Scheck, Actual Innocence 245 (2000). . But why are the “privacy-related concerns” not also “weighty” when an intrusion into the body is at stake? The police were unable to identify or apprehend the assailant based on any detailed description or other evidence they then had, but they did obtain from the victim a sample of the perpetrator’s DNA.

300 (1999) It is obvious that no such noninvestigative motive exists in this case. would speed up apprehension of criminals before they commit additional crimes, and prevent the grotesque  detention of .

Although the DNA swab procedure used here presents a question the Court has not yet addressed, the framework for deciding the issue is well established. Fourth Amendment. Police already seek this crucial identifying information. . The trial court denied King’s suppression motion. See, e.g., People v. Buza, 129 Cal. The DNA was found to match the DNA taken from the Salisbury rape victim. The United States Supreme Court granted certiorari. The Maryland Declaration of Rights similarly provided that general warrants were “illegal.” Md.

By contrast, that same context of arrest gives rise to significant state interests in identifying respondent not only so that the proper name can be attached to his charges but also so that the criminal justice system can make informed decisions concerning pretrial custody. The holding and reasoning section includes: v1479 - b705b5e02d782e2236ca32952d2cf20f3c046f31 - 2020-09-25T12:14:31Z. 616 (1989) Even if they could provide such information, they are not in fact tested for that end. In this respect the use of DNA for identification is no different than matching an arrestee’s face to a wanted poster of a previously unidentified suspect; or matching tattoos to known gang symbols to reveal a criminal affiliation; or matching the arrestee’s fingerprints to those recovered from a crime scene. §14–101 (Lexis 2012). Security, Unique Pub. Using a buccal swab inside a person’s cheek to obtain a DNA sample is a search under the Fourth Amendment. 3d 549, 556 (2012). The Court need not speculate about the risks posed “by a system that did not contain comparable security provisions.” Id., at 606.

The Court disguises the vast (and scary) scope of its holding by promising a limitation it cannot deliver. . 47J, 515 U. S., at 654. In light of the context of a valid arrest supported by probable cause respondent’s expectations of privacy were not offended by the minor intrusion of a brief swab of his cheeks.

“Latent prints” recovered from crime scenes are not systematically compared against the database of known fingerprints, since that requires further forensic work. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Crim. . 3–7. Working 24/7, 100% Purchase

DNA identification of a suspect in a violent crime provides critical information to the police and judicial officials in making a determination of the arrestee’s future dangerousness. 5 The Act authorizes Maryland law enforcement author-ities to collect DNA samples from “an individual who is charged with .

At the time of the Founding, Americans despised the British use of so-called “general warrants”—warrants not grounded upon a sworn oath of a specific infraction by a particular individual, and thus not limited in scope and  application. To say that the Fourth Amendment applies here is the beginning point, not the end of the analysis.

The Court does not actually say whether it believes that taking a person’s fingerprints is a

King's DNA was taken, we are told, to identify him. One of the terrorists involved in the September 11 attacks was stopped and ticketed for speeding just two days before hijacking Flight 93.” Id., at ___ (slip op., at 14) (citations omitted). King Audio Transcription for Oral Argument - February 26, 2013 in Maryland v. King Audio Transcription for Opinion Announcement - June 03, 2013 (Part 2) in Maryland v. King Antonin Scalia: I'll describe that dissenting opinion. I cannot imagine what principle could possibly justify this limitation, and the Court does not attempt to suggest any. United States v. Kincade, 379 F. 3d 813, 874 (CA9 2004) (Kozinski, J., dissenting). 434–435 (1789). Id., at 147–148. A suspect who has changed his facial features to evade photographic identification or even one who has undertaken the more arduous task of altering his fingerprints cannot escape the revealing power of his DNA. are not related directly to making proteins, [and] have been referred to as ‘junk’ DNA.” Butler 25. Since its authorization in 1994, the CODIS system has grown to include all 50 States and a number of federal agencies.
Justice Kennedy delivered the opinion of the Court. §2–504(d)(1) (Lexis 2011) (emphasis added). 193, 197, 142 N. E. 583, 584 (1923) (Cardozo, J.).

Case Summary of Maryland v. King: Maryland collects DNA, by swabbing a person’s cheek, from any person arrested for a serious crime.



645, 646, 65 N. Y. S. 801, 802 (1900).

Search.

It may not be as fast as fingerprinting, but rapid fingerprint analysis is itself of recent vintage, and the question of how long it takes to process identifying information goes to the efficacy of the search for its purpose of prompt identification, not the constitutionality of the search.

After his arrest on first- and second-degree assault charges, King was processed through a Wicomico County, Maryland, facility, where personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act), which authorizes officers to collect DNA samples from persons charged with violent crimes.

a crime of violence or an attempt to commit a crime of violence; or .

, n. 4, and reasonableness is determined by weighing “the promotion of legitimate governmental interests” against “the degree to which [the search] intrudes upon an individual’s privacy,” Wyoming v. Houghton, 541 U. S. 615,

384 U. S. 436 (1966) 645, 646, 65 N. Y. S. 801, 802 (1900).

For these purposes officers must know the type of person whom they are detaining, and DNA allows them to make critical choices about how to proceed. First, as already noted, the CODIS loci come from noncoding parts of the DNA that do not reveal the genetic traits of the arrestee. 547 U. S. 843 (2006) The DNA was run through a law enforcement database, and officers found that it matched the DNA of the perpetrator from the 2003 rape. 10–23. The Court effectively destroys its own “identification” theory when it acknowledges that the object of this search was “to see what [was] already known about [King].” King was who he was, and. . The respondent’s primary objection to this analogy is that DNA identification is not as fast as fingerprinting, and so it should not be considered to be the 21st-century equivalent. . Some searches, such as invasive surgery, see Winston, On the other hand, knowing identity may help clear a suspect and al- low the police to concentrate their efforts elsewhere.

Unlock this case brief with a free (no-commitment) trial membership of Quimbee. See Indianapolis v. Edmond, . . Pp. Reading the Court’s opinion, particularly its insistence that the search was necessary to know “who [had] been arrested,” ante, at 11, one might guess that King’s DNA was swiftly processed and his identity thereby confirmed—perhaps against some master database of known DNA profiles, as is done for fingerprints.

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.

I will refer to this as the “Convict and Arrestee Collection.” The other collection consists of samples taken from crime scenes; I will refer to this as the “Unsolved Crimes Collection.” The Convict and Arrestee Collection stores “no names or other personal identifiers of the offenders, arrestees, or detainees.” Ibid.

Reading the Court’s opinion, particularly its insistence that the search was necessary to know “who [had] been arrested,” ante, at 11, one might guess that King’s DNA was swiftly processed and his identity thereby confirmed—perhaps against some master database of known DNA profiles, as is done for fingerprints.

47J v. Acton, Cf. Or the day after that. Madison’s draft of what became the One of the most significant aspects of CODIS is the standardization of the points of comparison in DNA analysis. 333 U. S. 10,


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