COMMENT: IMPLICATIONS OF UNITED STATES V. JONES ON DNA COLLECTION FROM ARRESTEES: A TRESPASS PROHIBITED BY THE FOURTH AMENDMENT? Skip over navigation
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Copyright (c) 2013 St. Thomas Law Review
St. Thomas Law Review

COMMENT: IMPLICATIONS OF UNITED STATES V. JONES ON DNA COLLECTION FROM ARRESTEES: A TRESPASS PROHIBITED BY THE FOURTH AMENDMENT?

Spring, 2013

St. Thomas Law Review

25 St. Thomas L. Rev. 244

Author

Angelique Romero*

Excerpt



I. INTRODUCTION
 
Alonzo Jay King was arrested in Maryland on assault charges, and pursuant to state statute police collected a DNA sample from King on the day of his arrest and entered the information into a database. 1 Eventually, King was found guilty of one misdemeanor count of second degree assault. 2 But his trouble with the law did not end there; one month later he was indicted for an unsolved rape case, which had occurred six years earlier and where the police were never able to identify the attacker. 3 The only evidence to support the indictment was a hit in a DNA database from the DNA sample that had been collected on the day of his arrest for the unrelated assault charges. Without the DNA sample, there was nothing to link King to the rape crime. 4 Ultimately, King was sentenced to life in prison without parole. 5 King appealed his conviction and the Maryland Court of Appeals, contrary to other courts across the country, found that this DNA collection from an arrestee was unconstitutional. 6 This decision further emphasized the disagreement among courts over the issue. 7

The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Third Circuit have ruled on this issue, as well as several district courts and state appellate courts around the country, and their rulings are conflicting. 8 Yet, the debate over whether the government can collect DNA from a person who ...
 
 
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