Gazette.Net: Supreme Court takes up Maryland DNA case Tuesday

Marylands practice of taking DNA samples from individuals charged with felony burglary, breaking into cars or violent crimes will be on trial Tuesday when the U.S. Supreme Court takes up a request to overturn a state court decision that the law allowed an unconstitutional search.

In April, the Maryland Court of Appeals upheld the taking of DNA samples from people convicted of such crimes, but ruled that those arrested who, by law, are presumed innocent should not be required in most cases to give DNA samples.

Maryland Attorney General Douglas F. Gansler (D) said the courts decision is critical for Maryland and the other 27 states that have similar laws.

That is why 49 states and the District of Columbia have signed a friend of the court brief supporting DNA collection, Gansler said.

In todays world, where we have DNA technology, we ought to be able to use it to convict as well as exonerate its exactly like fingerprints, Gansler said.

The Maryland law, approved in 2008, strikes a balance and includes some of the most important privacy safeguards of any state in the country, said Raquel Guillory, a spokeswoman for Maryland Gov. Martin OMalley (D), who signed the legislation into law.

Under Maryland law, DNA samples cannot be tested or entered into a database unless a judge, at arraignment, agrees there is probable cause or unless the individual consents to or requests testing.

If the judge does not find probable cause, the DNA sample must be destroyed.

The American Civil Liberties Union has filed a brief critical of the Maryland law.

On its website, the ACLU said expanding DNA collection to arrestees has marginal benefit for law enforcement and is based on a theory that has no limiting principle thereby raising significant privacy concerns.

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Gazette.Net: Supreme Court takes up Maryland DNA case Tuesday