WASHINGTON (Reuters) - In a case that spotlights the growing use of genetic data by law enforcement agencies, the Supreme Court wrestled on Tuesday with the question of when a DNA sample may be taken from a suspect. <\/p>\n
The nine justices peppered lawyers for both sides with tough questions during oral argument as they sought to determine what kind of limits should be put on the right of the government to take samples. <\/p>\n
Police and prosecutors in Maryland suffered a major setback when the state's Court of Appeals ruled in April 2012 that Alonzo King's Fourth Amendment right to be free from unreasonable search and seizure was violated when he was required to provide his DNA upon being arrested. <\/p>\n
Under Maryland law, samples can be taken from anyone arrested for a serious offense without police needing to get a warrant first. Police can then submit those samples to a national database to see if the suspect is linked with any other crimes. <\/p>\n
The case argued on Tuesday focuses purely on samples taken without a warrant after a suspect is arrested and charged with a crime, but not convicted of it. Samples taken from convicted felons are routinely submitted to the national database. That practice is not an issue in the case. <\/p>\n
The sample King gave after a 2009 arrest in Wicomico County on two assault charges linked him to a 2003 rape. He was sentenced to life in prison after being convicted of the rape and was convicted of one count of misdemeanor assault on the 2009 charges. <\/p>\n
His lawyers argue that the sample taken in the assault arrest should not have been used to link him to the rape. <\/p>\n
DIVIDED COURT <\/p>\n
During the argument, Justice Samuel Alito, a former U.S. attorney, gave the most strident support for the government's right to take DNA. <\/p>\n
\"I think this is the most important criminal procedure case this court has heard for decades,\" he said. <\/p>\n
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Read more: WASHINGTON (Reuters) - In a case that spotlights the growing use of genetic data by law enforcement agencies, the Supreme Court wrestled on Tuesday with the question of when a DNA sample may be taken from a suspect. The nine justices peppered lawyers for both sides with tough questions during oral argument as they sought to determine what kind of limits should be put on the right of the government to take samples. Police and prosecutors in Maryland suffered a major setback when the state's Court of Appeals ruled in April 2012 that Alonzo King's Fourth Amendment right to be free from unreasonable search and seizure was violated when he was required to provide his DNA upon being arrested Continue reading
\nPolice use of DNA samples at issue in Supreme Court case<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"