Ann. 15 Reply Brief of Petitioner at 11-12, Id. Since the first use of forensic DNA analysis to catch a rapist and murderer in England in 1986, see J. Butler, Fundamentals of Forensic DNA Typing 5 (2009) (hereinafter Butler), law enforcement, the defense bar, and the courts have acknowledg… EFF TURNS 30 THIS YEAR! The critics ignore the obvious fact that only with a robust DNA collection regime can the DNA database work to effectively provide evidence of innocence in cases in which a wrongful conviction is alleged. Question Presented. §44.41.035; Ariz. Rev. § 14135a(a)(1)(A); Ala. Code §36-18-24 (2009); Alaska Stat. filed. Will the Founder’s articulation of the Fourth Amendment as a bulwark against generalized searches endure in this new age?
However, the Court also includes the following warning: “To say that the Fourth Amendment applies here is the beginning point, not the end of the analysis. brief amicus curiae of Veterans for Common Sense filed. §844D-31 (2009); Idaho Code §19-5506 (2009); Ill. Rev. 5 Md. 25 133 S.Ct. Codified Laws Ann.
§2901.07 (Page 2009); Okla. Stat. 39 Transcript of Oral Argument at 35, Maryland v. King, 133 S.Ct. Code Ann. Brief amici curiae of Maryland Legislators filed. 68, is hereby stayed pending receipt of a response, due on or before Wednesday, July 25, 2012, by 4 p.m., and further order of the undersigned or of the Court. §43.43.754 (2009); W. Va. Code §15-2B-6 (2009); Wis. Stat. .
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. 1958, available at http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-207.pdf. Assn. The Court’s view of each of these reasons can be summarized as follows. Rev. The Case Of Maryland V King; The Case Of Maryland V King. That motion was denied and King was ultimately convicted of the rape.
(Distributed), Brief amici curiae of American Civil Liberties Union, et al. 29 Joseph Goldstein, Police Agencies Are Assembling Records of DNA, N.Y. Times, June 13, 2013, at A1. NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal justice system. Government Code Ann. In this respect, the Court concluded, the use of DNA for identification is just like fingerprinting, only more accurate, or like matching an arrestee’s face to a wanted poster, or matching tattoos. Identification of the accused. filed. Justice Scalia’s primary focus is on what he perceives to be the majority’s disingenuous justification for upholding the DNA collection program. And that is why his underlying concern with the mass collection of DNA samples without any particularized suspicion and solely on the basis of an amorphous reasonableness analysis is so very right. Op. For a second consecutive Supreme Court term, Justice Scalia found common ground with Justices who are generally characterized as liberal in addressing the Fourth Amendment implications of new technologies.2 That a staunchly conservative Justice, who has long been viewed as a strict constructionist, is troubled by unchecked law enforcement exploitation of techniques unimaginable when the Constitution and the Bill of Rights were adopted may portend a jurisprudential realignment with profound implications.
Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes? §15:609 (2009); Md. There will come a day when rapid identification will not only be facilitated by the extraction of DNA specimens, but also by other emerging technologies, such as mass recording of phone calls, email analysis, license plate readers, GPS tracking, cellular tracking technologies, facial recognition imaging, and limitless other devices. 1660 L St. NW, 12th Floor , Washington, DC 20036 Brief amicus curiae of National District Attorneys Association filed. §411.1471(Vernon 2009); Utah Code Ann. 31 Transcript of Oral Argument at 6-7, Maryland v. King, 133 S.Ct.
In reaching its conclusion, the Court first examined the history of scientific advancements utilized by law enforcement as part of their standard procedures for the identification of arrestees.28 First with photography, and later “Bertillon” measurements, and eventually fingerprinting, law enforcement authorities, the Court observed, have long adopted technological advancements to assist with the objective of accurately identifying arrestees as part of the routine booking process. Stat. Tit. III. In 2003, a man broke into the victim's house and raped her. Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes?
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35 Tanya E. Coke, Nat’l Ass’n of Criminal Def. ‘[T]he Fourth Amendment’s proper function is to constrain, not against all intrusions as such, but against intrusions which are not justified in the circumstances, or which are made in an improper manner.’” 15 The Court then acknowledges that its cases have previously required “some quantum of individualized suspicion as a prerequisite to a constitutional search or seizure,” but explains that “the Fourth Amendment imposes no irreducible requirement of such suspicion.”16 This language provides the decision’s first real hint at where the Court is about to go with respect to the conjunctive vs. disjunctive debate concerning the Fourth Amendment, and confirms the Court’s framework for its subsequent legal analysis: (a) DNA collection is a search; (b) the Fourth Amendment, therefore, applies; and (c) despite the requisite Fourth Amendment analysis, individualized suspicion need not be found. Stat. with probable cause, arrestees are, in fact, in the system, so to speak. . filed. §16-23-103 ; Conn. Gen. Stat. Brief amicus curiae of Susana Martinez, Governor of the State of New Mexico filed. §943.325 (2009); Ga. Code. 12-207). 23 “But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths to royal inspection.” 133 S.Ct. In its decision, the Court is clearly not only upholding the Maryland law, but confirming that the disjunctive view of the Fourth Amendment, the one that sees the Warrant Clause and the Reasonableness Clause as two separate standards, as the correct view. Stat. Finally, although the Court avoids expressly justifying its opinion by reference to the obvious benefit of using the DNA sample to solve a crime, as indeed was the case with Mr. King, the Court does contend that the procedure can potentially free an innocent accused person.7. 730,§5/5 4 3 (2009); Ind. Tit. While under arrest, but prior to conviction, King's DNA was collected and logged in Maryland's DNA database. Stat. This was clearly the view of not only the State of Maryland, but also of the United States whose brief argued that “[t]he ‘touchstone’ of a Fourth Amendment analysis ‘is always the reasonableness in all the circumstances of the particular governmental invasion of a citizen’s personal security.’”39 Indeed, Justice Kennedy’s opinion declared quite clearly, and broadly, that the “touchstone of the Fourth Amendment is reasonableness, not individualized suspicion.”40 By considering a 21st century law enforcement reality in light of the actual text of the Fourth Amendment, the Court seems to have gotten it right. The search here was entirely suspicionless. It is obvious to anyone who has seen the criminal justice system up close that arrestees are, as the Court observed, in a unique category as compared with the general population of citizens. Safety § 2-501 et. Co-op 2009); S.D.
Specifically, the laws of the federal government and states like California allow collection from persons who have not been charged with anything; who may have been merely arrested for much less serious crimes than are covered by Maryland’s law; and whose samples will be analyzed, uploaded to CODIS, and retained indefinitely even if they are never charged with any crime, or are charged and acquitted. That reality of diminished liberty before conviction, found to be constitutionally sound by way of a steady string of Supreme Court decisions through the years, typically includes one or more of the following “intrusions”—handcuffing, medical screening, strip searching, forfeiture of personal property, photographing, and fingerprinting. It involves but a light touch on the inside of the cheek; and although it can be deemed a search within the body of the arrestee, it requires no ‘surgical intrusions beneath the skin.’ The fact that an intrusion is negligible is of central relevance to determining reasonableness, although it is still a search as the law defines that term.14. Ann.
By Norman L. Reimer* Introduction On this point, the Court concluded as follows: In sum, there can be little reason to question ‘the legitimate interest of the government in knowing for an absolute certainty the identity of the person arrested, in knowing whether he is wanted elsewhere, and in ensuring his identification in the event he flees prosecution.’ To that end, courts have confirmed that the Fourth Amendment allows police to take certain routine ‘administrative steps incident to arrest—i.e.,. The case illuminates the core question of whether and to what extent the Fourth Amendment retains any vitality and relevance in the 21st century and beyond. Brief of respondent Alonzo Jay King, Jr. in opposition filed.
33 Transcript of Oral Argument at 10-11, Maryland v. King, 133 S.Ct.
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