“The Supreme Court will revisit the crossroad of privacy and evolving science later this month when it considers whether officials can take the DNA — without a warrant — of someone who has been arrested but not convicted of a crime.
While all states require DNA from individuals convicted of a felony, the federal government and 28 states also require DNA collection and analysis from at least some arrestees.
Alonzo Jay King Jr, claims his constitutional rights were violated when he was arrested in 2009 for assault. At the time of his arrest, pursuant to Maryland’s DNA Collection Act, officials swabbed his cheek and collected his DNA without a warrant.
His 2009 sample was later matched in a state database to DNA from a 2003 rape case.