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Maryland v. King
In ''Maryland v. King'', , the United States Supreme Court decided that "when officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment." 133 S.Ct. at 1980. The majority opinion, written by Justice Anthony Kennedy, described Maryland's law as follows:
The Act authorizes Maryland law enforcement authorities to collect DNA samples from “an individual who is charged with ... a crime of violence or an attempt to commit a crime of violence; or ... burglary or an attempt to commit burglary.” Maryland law defines a crime of violence to include murder, rape, first-degree assault, kidnaping, arson, sexual assault, and a variety of other serious crimes. Once taken, a DNA sample may not be processed or placed in a database before the individual is arraigned (unless the individual consents). It is at this point that a judicial officer ensures that there is probable cause to detain the arrestee on a qualifying serious offense. If “all qualifying criminal charges are determined to be unsupported by probable cause ... the DNA sample shall be immediately destroyed.” DNA samples are also destroyed if “a criminal action begun against the individual ... does not result in a conviction,” “the conviction is finally reversed or vacated and no new trial is permitted,” or “the individual is granted an unconditional pardon.”
133 S.Ct. at 1967 (citations to the Maryland statute omitted). The majority balanced state interests relating to detaining and charging arrestees against the affected individuals' interests in their bodily integrity and informational privacy. It concluded that it is constitutionally reasonable for the state to undertake the "negligible" physical intrusion of swabbing the inside of the legitimately detained arrestee's cheeks and to use limited data from the DNA to determine whether the individual might be associated with some crime scene or victim.
== Case Background and Historical Progression ==
Maryland v. King was heard before the United States Supreme Court in February 2013, and a verdict was released four months later in June 2013. Dr. Steven D. Schwinn’s article titled “Fourth Amendment,” published by the American Bar Association, best gives a full detailed progression of the case. Alonzo Jay King Jr. was arrested for first and second degree assault. As per Maryland police protocol, per the Maryland DNA Collection Act, a DNA sample was taken from King at the time of the arrest and entered into Maryland’s database. When entered, it was matched to an unsolved rape case in 2003. A Maryland officer presented this evidence to a Wicomico County grand jury who called for an indictment, procured a warrant to obtain a second buccal DNA sample, which could be used as incriminating evidence for the 2003 rape case. King filed a motion to clear the DNA evidence, stating that it infringed upon his Fourth Amendment rights - which prohibit unreasonable searches and seizures - to the Circuit Court for Wicomico County. His motion was denied, and King plead not guilty to the charge of rape and appealed the ruling. The Maryland Court of Appeals then reversed the original ruling, agreeing that the DNA sampling was a violation of the Fourth Amendment and could not be used as evidence. The State of Maryland then appealed this ruling, calling for the case to be reviewed by the Supreme Court of the United States.〔Schwinn, Steven D, "Fourth Amendment." Preview of United States Supreme Court Cases (2013): 215. American Bar Association.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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