Do Arrestee Privacy Rights Trump the Government’s Need for DNA Samples? States Disagree

The Pew Center on the States reports a split among state and federal courts over the constitutionality of collecting DNA samples from

people who have been arrested for, but not convicted of, crimes.  Half of the states and the federal government allow such collections, but the highest courts in Maryland and Minnesota have struck theirs down. On the other hand, two federal appeals courts in other parts of the country reached the opposite conclusion. 

Those challenging arrestee-collection policies argue that they violate the Fourth Amendment’s prohibition against unreasonable searches and seizures.  Proponents maintain that they have proven to be a valuable law enforcement tool.  For example, in Virginia, such samples matched forensic evidence in 755 open cases.

Maryland’s attorney general has filed a petition asking the U.S. Supreme Court to resolve the conflict. Chief Justice Roberts issued a brief opinion on August 7^th indicating that the Court will likely do so.