SCOTUS Holds Law Requiring DNA Samples Upon Arrest Constitutional
Civil & Human Rights Constitutional Law Civil & Human Rights Civil Rights Criminal
Summary: Discussing the Supreme Court's recent decision in Maryland v King which upheld a state law requiring anyone arrested for a violent felony to provide a DNA sample.
A
couple of weeks ago in what Justice Alito called the “most important criminal
procedure case that this Court has heard in decades,” the US Supreme Court held
that a law requiring anyone arrested for a serious felony to submit to a DNA
sample is not an unreasonable search under the Fourth Amendment.[1]
This holding has sparked intense debate between those who believe such
information is valuable and necessary in resolving unsolved crimes, while others
see it as an impermissible intrusion of our person and civil liberties that is
a precursor for further eroding of our Constitutional safeguards. So who is
right? First, a little background.
Alonzo
Jay King was arrested in 2009 on a felony assault charge. Under the Maryland
DNA Collection Act, he was forced to to submit to a cheek swab to obtain his
DNA. This law, which is similar to what 25 other states have, takes the DNA
samples and places them into CODIS (the Combined DNA Index System), a federal data
base that law enforcement uses to link DNA samples to unsolved crimes. King
ended up pleading guilty to a reduced misdemeanor. The authorities used his DNA
to trace him to an unsolved rape case from 2003. His defense attorneys moved to
suppress the DNA results but the trial court denied the motion and his
conviction was appealed. The Maryland Court of Appeals overturned the
conviction holding that police needed a warrant or at least a reason to suspect
him of another crime before getting a DNA sample. That's how the matter got
before the nation's highest court.
Justice
Kennedy, writing for the narrow 5-4 majority, believes that DNA samples are
akin to fingerprints (unique personal identifying marks) and a faster, more
accurate, and less intrusive process. After all, if it helps solve crimes and
take violent offenders off the streets, isn't it worth it even if it may run a
little afoul of the Fourth Amendment? Would the Founding Fathers who drafted
the Bill of Rights approve of the 'fingerprinting of the 21st
Century?” I believe the answer to both questions is no.
The
problem I have with the supporters of this ruling is that they are looking at
it the wrong way. It doesn't matter how many crimes this may help solve or how
many bad people it takes off the street and puts behind bars. The question is
is it Constitutional? If it isn't, then no amount of positive results it may
bring will justify it. After all, we could get criminals off the street merely
by having the police do house checks (like they do in Japan). The police would
be coming across any number of drug houses, meth labs, domestic assaults,
wanted felons, and maybe even some missing children or the occasional kidnap
victim. We don't do these things because we have a Constitution that says otherwise.
We need the Bill of Rights in order to keep the government in check and from
running amuck abusing their power. The ends do not justify the means.
The
other problem that I have with the case is that it didn't draw any distinction
nor set any boundaries. Is this rule of law limited to forced DNA sampling for
only violent offenders, or can states pass laws requiring it for anyone
arrested for any felony, or worse yet any crime? Where does it all end? The
Court didn't tell us. Perhaps over the next few years when more states add more
intrusive DNA legislation we'll get our answer. Justice Scalia in dissent with
the liberal wing of the Court, called this a “suspicionless search.”
The
majority erroneously analogized collecting DNA samples to a search incident to
arrest and identification. Search Incidents to Arrest are for the safety of the
police and jail population, i.e. to make sure that the arrestee doesn't have
any weapons or dangerous items that he may be bringing into the jail (and to
protect police from claims of lost or damaged property). The identification
claim is also bogus in that not only did they have sufficient information as to
who King was, but the DNA sample was not completed until after his arraignment
(three days after his arrest) and by the time the DNA sample was taken,
collected, sent off for lab analysis and returned, several months had passed.
Clearly they were searching King for evidence of a crime that a) was unknown at
the time, and b) they did not have probable cause to believe he committed it.
The ruling flies in the face of the very safeguards that the Fourth Amendment
provides. Yes, it will aid in solving crimes, but it will also result in the
government becoming more powerful and more intrusive which means we all lose
more privacy. For these reasons the Court's decision is wrong. The ends do not
justify the means.
This
is troubling as it is surprising since the Court had seemingly been swinging in
the direction of protecting against unreasonable search and seizures the last
couple of years.[2]
Currently, the Michigan legislature has bills pending that would require anyone
arrested for a felony to submit to DNA testing for the purposes of
identification.[3]
What
say you?
[1] Maryland v King, 133 S Ct 1958 (2013)
[2] In US v Jones, 132 S Ct 945 (2012),
the Court held that the police using a GPS device on a car to track a suspect
was un-Constitutional. In Florida v Jardines, 133 S Ct 1409 (2013), the
Court held that if the police, without a warrant, bring a drug dog to your
house that is a trespass.
[3] 2013 MI SB 105, 106, and 107.