On Point blog, page 1 of 1
U.S. Supreme Court upholds collection of DNA from persons arrested for “serious” crimes
Maryland v. King, USSC No. 12-207, 6/3/13
United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012)
In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported by probable cause for a “serious”
Maryland v. Alonzo Jay King, Jr., USSC No. 12-207, cert granted 11/9/12
Question Presented (from cert petition):
Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes?
Lower court opinion (King v. State, 425 Md. 550, 42 A.3d 549 (2012))
Under Maryland law, DNA Collection Act, Md. Code Ann., Pub. Safety §2-504,
Ineffective Assistance of Counsel: Failure to Challenge Invalid DNA Search Warrant – Lack of Prejudice; Right to Present Defense: DNA Evidence
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity
Ineffective Assistance of Counsel – DNA Search Warrant
Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants:
¶10 Unless a person consents to giving a sample of his or her DNA, or there are exigent circumstances, or there are other exceptions that are not material here,
Evidence / IAC: Comment on Refusal to Provide DNA; Instruction: Recording Policy Interrogation; Impeachment: Prior Convictions
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply
Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance
Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the issue is raised as ineffective assistance of counsel,
Administrative Searches – DNA – Collection from Prisoners, § 165.76
Green v. Berge, 354 F. 3d 675 (7th Cir. 01-4080, 1/9/04)
Issue/Holding:
The Wisconsin law, § 165.76 et seq., was passed in 1993. In its original form, only prisoners convicted of certain offenses were required to give DNA samples for analysis. In 1999, the law was amended to require that all persons convicted of felonies in Wisconsin (and those who were in prison at the time) provide DNA samples for analysis and storage in the state’s data bank….