{"id":15986,"date":"2015-02-18T16:35:58","date_gmt":"2015-02-18T21:35:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15986"},"modified":"2015-02-18T16:35:58","modified_gmt":"2015-02-18T21:35:58","slug":"jurist-why-collection-of-arrestee-dna-violates-the-fourth-amendment","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15986","title":{"rendered":"Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment"},"content":{"rendered":"<p>Jurist: <a href=\"http:\/\/jurist.org\/dateline\/2015\/02\/christen-giannaros-dna-collection.php\">Why Collection of Arrestee DNA Violates the Fourth Amendment<\/a> by Christen Giannaros:<\/p>\n<p>The twelfth author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Giannaros discusses the Fourth Amendment rights violations implicit in DNA collection upon arrest&#8230;<br \/>\n<!--more--><\/p>\n<blockquote><p>In 2010, Alonzo King was arrested on assault charges. At the station house, a police officer took a cotton swab and ran it against King&#8217;s inner cheek, collecting his DNA. Police were acting pursuant to a federal statute, which allows for the collection of DNA from arrested individuals. When King&#8217;s DNA was processed, police discovered that it matched the DNA found at a 2003 rape crime scene, and subsequently prosecuted him for that crime.<\/p>\n<p>Most individuals who hear about King&#8217;s eventual capture would be relieved: they feel safer, they feel better protected and they feel that justice has been served. But there is a bigger, more serious concern lurking in the background: DNA collection from arrestees violates the Fourth Amendment. The Fourth Amendment prohibits searches and seizures executed without a warrant or probable cause. This important protection is explicitly violated each time law enforcement collects and processes an arrestee&#8217;s DNA, because there is no probable cause to search the arrestee for any crimes other than the one he was arrested for.<\/p>\n<p>Unfortunately, this concern fell on deaf ears when the US Supreme Court, in Maryland v. King, determined that arrestee DNA collection is constitutional because it helps law enforcement confirm an individual&#8217;s identity. But the court relied almost entirely on a false premise in reaching this conclusion.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment by Christen Giannaros: The twelfth author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Giannaros discusses the Fourth Amendment rights violations implicit &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=15986\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[57],"tags":[],"class_list":["post-15986","post","type-post","status-publish","format-standard","hentry","category-dna"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15986","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15986"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15986\/revisions"}],"predecessor-version":[{"id":15987,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15986\/revisions\/15987"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}