Supreme Court 2013: Why collecting DNA from people who are arrested won’t help solve more crimes.
In April 2009, police easily arrested Alonzo J. King, Jr. in Wicomico
County, Md. After King pointed a shotgun at a group of people, one of
them told the police who did it, and King readily admitted his guilt. He
was originally charged with felony assault and ended up pleading guilty
to a misdemeanor.
This seemingly insignificant criminal case is now before the Supreme Court, with arguments later this month.
That’s because of what the authorities did next. When King was
arrested, police took a cotton swab of skin cells from inside his cheek
for DNA testing. They did not need his DNA to link him to the shotgun
incident. Instead, the police entered King’s DNA profile into both the
Maryland DNA database and the FBI’s national database, CODIS. King’s
profile, like all those in the database, was then automatically compared
every week to evidence from all unsolved crimes. And, in fact, King’s
DNA matched DNA from an unsolved sexual assault case, for which he was
later convicted and sentenced to life in prison.
If Maryland had required King to submit his DNA once he was
convicted, then there would be no Supreme Court challenge. So far courts
have all upheld DNA collection from felons, reasoning that convicts
forfeit some of the rights of ordinary citizens. Maryland v. King
is about something new: More than one-half of the 50 states (including
Maryland) and the federal government authorize compulsory collection of
DNA from people who have been arrested. But the Supreme Court has never
held that if police have probable cause to arrest, they can also search a
suspect for evidence of past or future crimes. Maryland‘s justification
for this unprecedented expansion of police power? Bigger is better. Add
arrestee profiles to the database, and more crimes will be solved.
Read on...
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