U.S. Supreme Court
Jun. 19, 2013
Majority fails to recognize intrusiveness of DNA collection
Maryland v. King is troubling because it is about searching people to gather evidence for crimes where they are not suspects. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
How long will it take for the Supreme Court's Fourth Amendment jurisprudence to move into the 21st century? Its recent decision in Maryland v. King, 2013 DJDAR 6991 (June 3, 2013), provides little reason for hope that it will be any time soon. In Maryland v. King, the court held, 5-4, that the government may take DNA samples from those arrested for serious crimes to see if they are linked to crimes for which they are not sus...
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