June 21, 2013
On June 3, 2013, the Supreme Court announced its decision in Maryland v. King. The question in this case was whether the Fourth Amendment permits state law enforcement officials to collect and analyze DNA from people who have been arrested and charged with serious crimes.
In an opinion delivered by Justice Kennedy, the Court held by a vote of 5-4 that the Fourth Amendment does permit police to take DNA samples in an arrest for a serious offense supported by probable cause where the person is detained to be held in custody. Justice Scalia filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor and Kagan.
To discuss the case, we have Mary Beth Buchanan, who is an Ethics and Reputational Risk Officer at the United Nations and a former United States Attorney.