The Constitutionality of DNA Collection Before Conviction: An Updated Scorecard

| 0 Comments
Fifteen years ago, Louisiana adopted a law mandating that "[a] person who is arrested for a felony sex offense or other specified offense . . . shall have a DNA sample drawn or taken at the same time he is fingerprinted pursuant to the booking procedure." As of mid-2012, 28 states and the federal government had laws providing for DNA sampling before any conviction is obtained. Most other countries with DNA databases also collect samples on arrest.

These laws have provoked conflicting constitutional opinions. The Supreme Court heard argument in Maryland v. King in February 2013 and is likely to rule on the issue in June 2013. For a scoreboard on the litigation and a list of scholarly commentary to date, see http://for-sci-law-now.blogspot.com/2013/03/the-constitutionality-of-dna-collection.html.

Leave a comment

Search This Blog

Full Text  Tag

Recent Entries

Ninth Circuit Upholds Indefinite Retention of DNA Samples: Kriesel III
Thomas Kriesel wants his blood back. The federal government forced him to give a sample for the FBI's national DNA…
Activity vs. Source Level Propositions: It Looks like Raffaele Sollecito's DNA Was on the Bra Clasp, But How Did It Get There?
The title of a New Scientist news report -- "Software Says Amanda Knox's DNA Wasn't at Crime Scene" -- suggests…
People v. Pizarro: Round 3 Coming Up
The Double Helix and the Law of Evidence described the legal saga of twice-convicted Michael Antonio Pizzaro. I thought the…