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“[B]oth the person and the property in his immediate possession may be searched at the station house.” United States v. Edwards, 415 U. S. 800,  803 (1974). But why are the “privacy-related concerns” not also “weighty” when an intrusion into the body is at stake? H�tTK��6��W�(�V���v]`��5�Cg�DIT���� �w����R�� �$��Ǐ�H�����Ӝ��%�.�1QR� H�h�7�̠��� ��S�J!�D�}�w�����:^���y����.z��{���M��`f�(�Ɍ��;y�&���?v����̛9t�)B�Œ�Z��sѲ�`�K��5,b�`�y& Once taken, a DNA sample may not be processed or placed in a database before the individual is arraigned (unless the individual consents). However, DNA identification is far superior. 24, 33–34, 43 A. First, the government has an interest in properly identifying “who has been arrested and who is being tried.” Hiibel v. Sixth Judicial Dist. can be inaccurate or incomplete.” Florence v. Board of Chosen Freeholders of County of Burlington, 566 U. S. ___, ___ (2012) (slip op., at 16). In reach- ing that conclusion the Maryland Court relied on the deci-sions of various other courts that have concluded that DNA identification of arrestees is impermissible. Of course, if the DNA sample is instead taken in order to investigate crimes, this restriction makes perfect sense: Having previously placed an identified someone’s DNA on file to check against available crime-scene evidence, there is no sense in going to the expense of taking a new sample. or not particularly describing the places to be searched.” 1 Annals of Cong. He moved to suppress the DNA match on the grounds that Maryland’s DNA collection law violated the Fourth Amendment. That same day, April 10, the police searched him and seized the DNA evidence at issue here. Whenever this Court has allowed a suspicionless search, it has insisted upon a justifying motive apart from the investigation of crime. 434–435 (1789). %PDF-1.4 %���� The task of identification necessarily entails searching public and police records based on the identifying information provided by the arrestee to see what is already known about him. United States Supreme Court. “The government’s interest in preventing crime by arrestees is both legitimate and compelling.” United States v. Salerno, 481 U. S. 739, 749 (1987). To know those facts is to be instantly disabused of the notion that what happened had anything to do with identifying King. By contrast, that same context of arrest gives rise to significant state interests in identifying respondent not only so that the proper name can be attached to his charges but also so that the criminal justice system can make informed decisions concerning pretrial custody. Since its authorization in 1994, the CODIS system has grown to include all 50 States and a number of federal agencies. That is no answer at all. is absolutely critical to our efforts to continue driving down crime,” and “bolsters our efforts to resolve open investigations and bring them to a resolution.” Marbella, Supreme Court Will Review Md. See Indianapolis v. Edmond, 531 U. S. 32. fu- ture supervision after discharge.” Hodgeman v. Olsen, 86 Wash. 615, 619, 150 P. 1122, 1124 (1915); see also McGovern v. Van Riper, 137 N. J. Eq. The Maryland Declaration of Rights similarly provided that general warrants were “illegal.” Md. And after the sample is taken, it continues to be identified by the individual’s name, fingerprints, etc., see §05.01.07(B)—rather than (as the Court believes) being used to identify individuals. V) (similar requirements). 0000000876 00000 n Finally, the Act provides statutory protections that guard against further invasion of privacy. (citations omitted). Argued February 26, 2013—Decided June 3, 2013. It may not be as fast as fingerprinting, but rapid fingerprint analysis is itself of recent vintage, and the question of how long it takes to process identifying information goes to the efficacy of the search for its purpose of prompt identification, not the constitutionality of the search. Virtually any “intrusio[n] into the human body,” Schmerber v. California, 384 U. S. 757, 770 (1966), will work an invasion of “ ‘cherished personal security’ that is subject to constitutional scrutiny,” Cupp v. Murphy, 412 U. S. 291, 295 (1973) (quoting Terry v. Ohio, 392 U. S. 1, 24–25 (1968)). (a) DNA testing may “significantly improve both the criminal justice system and police investigative practices,” District Attorney’s Office for Third Judicial Dist. f�!X�K�����6p=���t�n����Ѣ��,'^6&�OK�ا5n�Ŏ'��:�|�tF���#zR%TQ�o!K2l�b>�y�b��^��9��/�?rX��9e���f��*��y����b��L�y�� . 1854). . The issue before us is not whether DNA can some day be used for identification; nor even whether it can today be used for identification; but whether it was used for identification here. FBI, CODIS and NDIS Fact Sheet, http:// www.fbi.gov/about-us/lab/codis/codis-and-ndis-fact-sheet (all Internet materials as visited May 31, 2013, and available in Clerk of Court’s case file). 0000003075 00000 n . Chandler v. Miller, 520 U. S. 305, 314 (1997). The special needs cases, though in full accord with the result reached here, do not have a direct bearing on the issues presented in this case, because unlike the search of a citizen who has not been suspected of a wrong, a detainee has a reduced expectation of privacy. DNA analysis can take months—far too long to be useful for identifying someone. Court of Nev., Humboldt Cty., 542 U. S. 177, 191 (2004). And even if non-coding alleles could provide some information, they are not in fact tested for that end. The judgment of the Court of Appeals of Maryland is reversed. The Fourth Amendment must prevail. 1, 14. Rather, what the August 4 match “identified” was the previously-taken sample from the earlier crime. 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.” §2–511(a)(1). §14–101 (Lexis 2012). 02-102 Argued: March 26, 2003 Decided: June 26, 2003. 0000001664 00000 n The reasonableness inquiry here considers two other circumstances in which the Court has held that particularized suspicion is not categorically required: “diminished expectations of privacy [and] minimal intrusions.” McArthur, 531 U. S., at 330. These data, found in official records, are checked as a routine matter to produce a more comprehensive record of the suspect’s complete identity. 23–26. That is sensible, if what one wants to do is solve those cold cases, but note what it requires: that the identity of the people whose DNA has been entered in the Convict and Arrestee Collection already be known.2 If one wanted to identify someone in custody using his DNA, the logical thing to do would be to compare that DNA against the Convict and Arrestee Collection: to search, in other words, the collection that could be used (by checking back with the submitting state agency) to identify people, rather than the collection of evidence from unsolved crimes, whose perpetrators are by definition unknown. A DNA profile is useful to the police because it gives them a form of identification to search the records already in their valid possession. . Here, by contrast to the approved standard procedures incident to any arrest detailed above, a buccal swab involves an even more brief and still minimal intrusion. 3–28. the DNA sample shall be immediately destroyed.” §2–504(d)(2)(i). An invasive surgery may raise privacy concerns weighty enough for the search to require a warrant, notwithstanding the arrestee’s diminished privacy expectations, but a buccal swab, which involves a brief and minimal intrusion with “virtually no risk, trauma, or pain,” Schmerber v. California, 384 U. S. 757, 771, does not increase the indignity already attendant to normal incidents of arrest. More devastating still for the Court’s “identification” theory, the statute does enumerate two instances in which a DNA sample may be tested for the purpose of identification: “to help identify human remains,” §2–505(a)(3) (emphasis added), and “to help identify missing individuals,” §2–505(a)(4) (emphasis added). 0000001466 00000 n This Court does not base its judgments on senseless distinctions. . In the ratification debates, Antifederalists sarcastically predicted that the general, suspicionless warrant would be among the Constitution’s “blessings.” Blessings of the New Government, Independent Gazetteer, Oct. 6, 1787, in 13 Documentary History of the Ratification of the Constitution 345 (J. Kaminski & G. Saladino eds. Disguises used while committing a crime may be supplemented or replaced by changed names, and even changed physical features.” Jones v. Murray, 962 F. 2d 302, 307 (CA4 1992). . Times, Jan. 20, 1896, p. 3. Third, “the Government has a substantial interest in ensuring that persons accused of crimes are available for trials.” Bell v. Wolfish, 441 U. S. 520, 534. Identity has never been considered limited to the name on the arrestee’s birth certificate. verify the identity of the individual from whom a sample is taken by name and, if applicable, State identification (SID) number.” §05.01.04(K). . Because the need for a warrant is greatly diminished here, where the arrestee was already in valid police custody for a serious offense supported by probable cause, the search is analyzed by reference to “reasonableness, not individualized suspicion,” Samson v. California, 547 U. S. 843, 855, n. 4, and reasonableness is determined by weighing “the promotion of legitimate governmental interests” against “the degree to which [the search] intrudes upon an individual’s privacy,” Wyoming v. Houghton, 526 U. S. 295, 300. This application of “traditional standards of reasonableness” requires a court to weigh “the promotion of legitimate governmen- tal interests” against “the degree to which [the search] intrudes upon an individual’s privacy.” Wyoming v. Houghton, 526 U. S. 295, 300 (1999). Pub. no court would hold such a search lawful. Respondent’s identification as the rapist resulted in part through the operation of a national project to standardize collection and storage of DNA profiles. New technology will only further  improve its speed and therefore its effectiveness. Booking personnel used a cheek swab to take the DNA sample from him pursuant to provisions of the Maryland DNA Collection Act (or Act). 17. Regardless of when the initial bail decision is made, release is not appropriate until a further determination is made as to the person’s identity in the sense not only of what his birth certificate states but also what other records and data disclose to give that identity more meaning in the whole context of who the person really is. No. 41 0 obj <> endobj See Chandler v. Miller, 520 U. S. 305, 308 (1997). An assessment and understanding of the reasonableness of this minimally invasive search of a person detained for a serious crime should take account of these technical advances. Code Ann. Future refinements may improve pres- ent technology, but even now STR analysis makes it  “possible to determine whether a biological tissue matches a suspect with near certainty.” Osborne, supra, at 62. For example, a defendant who had committed a prior sexual assault might be inclined to flee on a burglary charge, knowing that in every State a DNA sample would be taken from him after his conviction on the burglary charge that would tie him to the more serious charge of rape. Contrast CODIS, the FBI’s nationwide DNA database, with IAFIS, the FBI’s Integrated Automated Fingerprint Identification System. Hours after the Oklahoma City bombing, Timothy McVeigh was stopped by a state trooper who noticed he was driving without a license plate. Butler 270. Why the Court believes them relevant to the meaning of that Amendment is therefore something of a mystery. So too we have approved suspicionless searches in public schools—but only because there the government acts in furtherance of its “responsibilities . Those circumstances diminish the need for a warrant, either because “the public interest is such that neither a warrant nor probable cause is required,” Maryland v. Buie, 494 U. S. 325, 331 (1990), or because an individual is already on notice, for instance because of his employment, see Skinner, supra, or the conditions of his release from government custody, see Samson v. California, 547 U. S. 843 (2006), that some reasonable police intrusion on his pri-vacy is to be expected. Dred Scott v. Sandford, 60 U.S. (19 How.) MARYLAND v. KING425 Md. Against all of that, it is safe to say that if the Court’s identification theory is not wrong, there is no such thing as error. And could the police engage, without any suspicion of wrongdoing, in a “brief and . 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