WARRANTLESS COLLECTION OF DNA — MARYLAND V. KING, 133 S.CT. 1958 (2013)

One of the areas of criminal law that I have always found interesting involves the standards for warrantless searches. Today, I am revisiting an important criminal law case from a few years ago known as Maryland v. King, 133 S.Ct. 1958 (2013). In Maryland v. King, the United States Supreme Court was asked to decide if the Constitution prevented the routine collection of DNA from someone who is arrested. The challenge to collecting DNA without a warrant was based on the Fourth Amendment. As a refresher, the Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment protects each of us from unreasonable searches and seizures by the government and stands as one of the pinnacles of privacy law by restricting government conduct. The facts in Maryland v. King were rather simple. In 2003 a woman was raped. She reported the attack and a underwent a rape exam. A sample of the unknown perpetrator’s DNA was obtained and entered into a Maryland DNA database. Six years later, Mr. King, was arrested on unrelated assault charges. After his arrest, a routine warrantless DNA sample was taken by means of a cheek swab. Mr. King’s DNA sample was run through the Maryland DNA database and matched the sample from the 2003 rape exam. Charges were then brought against Mr. King for...