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...

HOW TO PROTECT YOUR CONSTITUTIONAL RIGHTS

The 4th Amendment to the United States Constitution gives each of us some of our most valuable rights as U.S. citizens. It specifically gives each of us the right to be secure in our homes. It also protects us from unreasonable searches and seizures. However, because these rights are personal —  only you can assert them. And if you don’t assert them, no one will assert them on your behalf. In fact, you actually waive your rights when you fail to personally assert them. Moreover, with very limited exceptions the government does not have to explain your rights to you before asking you to do something that will waive those rights. Because the 4th Amendment is one of the fundamental underpinnings of individual liberty in our society, a look at its history is informative. The founders of our country generally agreed that all persons had a natural right to be free from government intrusion into their homes. In fact, one of the biggest grievances that led to the American Revolution was the use of “writs of assistance” by the British government. With a “writ of assistance,” the King’s representatives could enter your property with no notice and for no particular reason. In a well known case from that time, Boston lawyer James Otis represented a group of merchants who sued the British government claiming that the use of writs of assistance against was unjust. While Mr. Otis lost the case, his argument condemning writs of assistance and general search warrants was considered by many (including John Adams who was present in the courtroom) to be one of the sparks...