Supreme Court Makes Controversial Ruling: Taking DNA Swabs Upon Arrest Without a Warrant Is Legal

A sharply divided Supreme Court on Monday said police can continue to take DNA from people they arrest without getting a warrant. The court’s five-justice majority said DNA testing was a legitimate police arrest procedure, like fingerprinting.

“Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,” Justice Anthony Kennedy wrote for the court’s five-justice majority.

In recent years, the decision has been discussed in lower courts. In 2011, a California court ruled that taking DNA swabs of arrestees was unconstitutional, but a year later the ruling was overturned.

The four dissenting justices of the high court said that the decision allows a major change in police powers.

Read more government intrusion here.

Author: AKA John Galt

A small business owner, a tea party organizer, a son, father and husband who is not willing to sell out the future lives of his children.

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