Virginia V. King : The Case For Uniform, Nationwide Dna Collection And Dna Database Laws

2445 Words Nov 25th, 2014 10 Pages
The Fourth Amendment gives United States citizens the right of protection from unlawful searches and seizures. Recently, in the case Maryland v. King the Supreme Court ruled that the seizure of DNA during the booking process is not protected by the Fourth Amendment. The ruling by the Supreme Court has to be further evaluated and questioned as it raises questions as to what is covered under the Fourth Amendment and if a person is allowed that right while in custody. Vikram Iyengar in his law review article ‘Maryland v. King: The case for uniform, nationwide DNA collection and DNA database laws in the United States’ will allow a closer look into how this ruling may cause a conflict with state laws. The ruling in this case will spur many questions about current booking procedures, such as what items are collected during the booking process, what those items are used for, and how DNA plays a role. Laurence J. Dupuis in his law review article ‘DNA Extraction on Arrest: Maryland v. King and Wisconsin’s New Extraction Law’ will help define the weight of a DNA swab versus a photograph or fingerprint. Professor Elizabeth Joh’s law review article ‘Maryland v. King: Three concerns about policing and genetic information’ also speaks to similar concerns such as what will be discussed in this case note. This case note will test the measures the courts used to make this ruling and prove that a DNA swab during booking without probable cause is an illegal search and seizure and a…

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