Wednesday, July 3, 2013

Mug Shots, Fingerprints, DNA Swabs ... and a Forthcoming Resource on South Dakota law

On June 3rd, the United States Supreme Court upheld a Maryland statute authorizing cheek swabs for the collection of DNA from persons arrested for serious offenses.  Maryland v. King, 569 U.S. ___, 133 S. Ct. 1958 (2013).  In his majority opinion, Justice Kennedy reasoned that although the swab was a search under the Fourth Amendment to the United States Constitution, the intrusion was minimal, similar to taking a mug shot or fingerprinting, and served the substantial government interest in learning the arrestee's full identification, including whether the arrestee had committed crimes in the past.  In the dissent, Justice Scalia pointed out that the DNA swabs were not for identification purposes, but were intended solely for the investigation of other crimes. 

Questions already have been raised about the internal statutory protections in the Maryland statute, such as the disposal of DNA samples upon acquittal or the limitations on other uses of the DNA records.  Scott Greenfield responded to those questions in his blog, Simple Justice.  Others wanted to know about the disposal of the DNA of the victims taken to distinguish it from a suspect's DNA. What happens to the victims' DNA?  Greenfield commented on that question, too, in a later post.

A forthcoming resource on South Dakota law: University of South Dakota School of Law Professor Christine Hutton will publish the long-awaited second edition of Larson's South Dakota Evidence.  

(This entry was originally written and posted by Marsha Stacey)

No comments:

Post a Comment