POLICE CAN NOW DO ORAL DNA SWABS UPON ARREST?

WASHINGTON — A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.

“Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,” Justice Anthony Kennedy wrote for the court’s five-justice majority. READ THE REST HERE
WASHINGTON— The Supreme Court on Tuesday struggled with what one of the justices called its most important criminal procedure case in decades, whether to let police take DNA from those arrested, but not convicted, in hopes of using it to solve old cases.
Justices seemed conflicted over whether police have a right to take genetic information from people who have only been arrested but not yet convicted of a crime without getting a judge’s approval first, or if the government’s interest in solving cold cases trumped the immediate privacy rights of those under police suspicion of other crimes. READ THE REST HERE


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