State May Check DNA of Arrestee

The Supreme Court decided Maryland v. King this morning.  By a 5-4 vote, the Court held that when making an arrest supported by probable cause, the police may take a cheek swab of an arrestee’s DNA as part of the standard booking procedure.  Justice Kennedy wrote for the Court, joined by the Chief Justice and Justices Thomas, Breyer, and Alito. Justice Scalia dissented, joined by Justices Ginsburg, Sotomayor and Kagan.

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