The Ethics of DNA Testing for Identification Following Arrest
Abstract
Following the initial realization that DNA could have law enforcement applications there was a tremendous rush to make use of the technology. This implementation was uneven both in its application and its acceptance, largely depending on whether the Daubert or Frye standard of admissibility of evidence during trial is used. More recently focus has been on some probably unforeseen uses of DNA evidence. Of particular concern is whether DNA from individuals who have not been convicted of a crime may be collected and stored or whether such collection constitutes a violation of Fourth Amendment protections against unreasonable search and seizure. Keywords: DNA, Fourth Amendment, …show more content…
King. (Maryland, Petitioner v. Alonzo Jay King, Jr., 2013) Alonzo Jay King, Jr. was arrested on assault charges and his DNA was collected while he was under arrest but before his later conviction. This DNA was entered into Maryland’s DNA database. It was determined that King’s DNA matched the DNA of an unsolved rape case. The DNA was the only evidence tying King to the case. King’s motion to suppress the DNA evidence was denied and he is presently serving a life sentence after being convicted of first degree rape. (Cornell University Law School, …show more content…
Kennedy. (Maryland, Petitioner, v. Alonzo Jay King, Jr., 2013) In a five to four decision the Supreme Court held that a DNA swab test taken as part of the arrest procedure does not violate the Fourth Amendment because it serves a legitimate state interest and that, “respondent’s expectations of privacy were not offended by the minor intrusion of a brief swab of his cheeks.” (Maryland, Petitioner, v. Alonzo Jay King, Jr., 2013)The Court further held that ascertaining an arrestee’s identity and criminal history are crucial and that a DNA test is as valid and informative as taking a finger print. (Maryland, Petitioner, v. Alonzo Jay King, Jr.,
Abstract
Following the initial realization that DNA could have law enforcement applications there was a tremendous rush to make use of the technology. This implementation was uneven both in its application and its acceptance, largely depending on whether the Daubert or Frye standard of admissibility of evidence during trial is used. More recently focus has been on some probably unforeseen uses of DNA evidence. Of particular concern is whether DNA from individuals who have not been convicted of a crime may be collected and stored or whether such collection constitutes a violation of Fourth Amendment protections against unreasonable search and seizure. Keywords: DNA, Fourth Amendment, …show more content…
King. (Maryland, Petitioner v. Alonzo Jay King, Jr., 2013) Alonzo Jay King, Jr. was arrested on assault charges and his DNA was collected while he was under arrest but before his later conviction. This DNA was entered into Maryland’s DNA database. It was determined that King’s DNA matched the DNA of an unsolved rape case. The DNA was the only evidence tying King to the case. King’s motion to suppress the DNA evidence was denied and he is presently serving a life sentence after being convicted of first degree rape. (Cornell University Law School, …show more content…
Kennedy. (Maryland, Petitioner, v. Alonzo Jay King, Jr., 2013) In a five to four decision the Supreme Court held that a DNA swab test taken as part of the arrest procedure does not violate the Fourth Amendment because it serves a legitimate state interest and that, “respondent’s expectations of privacy were not offended by the minor intrusion of a brief swab of his cheeks.” (Maryland, Petitioner, v. Alonzo Jay King, Jr., 2013)The Court further held that ascertaining an arrestee’s identity and criminal history are crucial and that a DNA test is as valid and informative as taking a finger print. (Maryland, Petitioner, v. Alonzo Jay King, Jr.,