DNA tests after arrest? Some justices not so sure

STORY HIGHLIGHTS

Washington (CNN) -- The U.S. Supreme Court offered a surprising amount of concern Tuesday about states laws allowing police to collect a DNA sample of anyone arrested -- but not yet convicted -- of serious crimes.

A ruling soon on the privacy versus public safety question could have wide-reaching implications in the rapidly evolving technology surrounding criminal procedure.

Law enforcement lauds genetic testing's potential as the "gold standard" of reliable evidence gathering, especially to solve "cold cases" involving violent offenders.

But privacy rights groups counter the state's "trust us" promise not to abuse the technology does not ease their concerns that someone's biological makeup could soon be applied for a variety of non-criminal purposes.

Privacy vs. prosecution: DNA testing gets high court review

The justices raised a host of hypotheticals in their spirited oral arguments, laying out two sharply divided scenarios.

"There is something inherently dangerous about DNA collection that is not the same as fingerprinting," said Justice Sonia Sotomayor. "How far do we let the state go each time it has some form of custody over you in schools, in workplaces, wherever else the state has control over your person?"

"This is what is at stake: Lots of murders, lots of rapes that can be solved using this new technology that involves a very minimal intrusion on personal privacy," said Justice Samuel Alito. "Why isn't this the fingerprinting of the 21st century? What is the difference?"

Twenty-six states and the federal government allow genetic swabs to be taken after a felony arrest and without a warrant.

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DNA tests after arrest? Some justices not so sure