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Maryland V. King (2013)

Definition

US Supreme Court decision holding that the collection of a DNA sample from an individual arrested for a serious offence does not violate the Fourth Amendment, permitting all US states to include arrestee profiles in CODIS.

Court
US Supreme Court
Year
2013
Holding
Arrestee DNA sampling does not violate the Fourth Amendment
Practical effect
Permits arrestee profiles in CODIS nationwide

Common questions

What was the Fourth Amendment reasoning that let the Court uphold arrestee DNA collection?+

The majority treated the cheek swab as a search but found it reasonable, comparing it to fingerprinting and photographing as a routine booking procedure serving a legitimate law-enforcement identification interest, which the Court weighed against the arrestee's reduced expectation of privacy while in custody.

Did Maryland v. King settle whether states must collect DNA from every arrestee?+

No, the ruling only held that such collection is constitutionally permissible; each state decides for itself whether and for which offences to collect arrestee DNA, so practice still varies across US jurisdictions even after the decision.

Related terms

CODIS (Combined DNA Index System)
The FBI-managed software architecture for the US national forensic DNA database, operating through a three-tier structure of local (LDIS), state (SDIS), and...
EU Prüm Framework
The legal framework created by Council Decisions 2008/615/JHA and 2008/616/JHA allowing automated hit/no-hit cross-border searching between EU member states' national DNA, fingerprint,...
Investigative Genetic Genealogy (IGG)
A forensic identification technique that uploads a crime-scene DNA profile to a consumer genealogy database, identifies partial matches suggesting distant family relationships,...
NDNAD
National DNA Database (UK); the world's first national forensic DNA database, established in 1995, operated by the National DNA Database Strategy Board....
S and Marper V. UK (2008)
European Court of Human Rights Grand Chamber judgment holding that indefinite retention of fingerprints, cellular samples, and DNA profiles of unconvicted individuals...
SDDIS
System for DNA Data and Index Support; the proposed national DNA database architecture under India's DNA Technology (Use and Application) Regulation Bill...

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