maryland king argued february decided june arrest assault charges respondent king processed wicomico county maryland facility booking personnel used cheek swab take dna sample pursuant maryland dna collection act act swab matched unsolved rape king charged crime moved suppress dna match arguing act violated fourth amendment circuit judge found law constitutional king convicted rape maryland appeals set aside conviction finding unconstitutional portions act authorizing dna collection felony arrestees held officers make arrest supported probable cause hold serious offense bring suspect station detained custody taking analyzing cheek swab arrestee dna like fingerprinting photographing legitimate police booking procedure reasonable fourth amendment pp dna testing may significantly improve criminal justice system police investigative practices district attorney office third judicial dist osborne making possible determine whether biological tissue matches suspect near certainty maryland act authorizes law enforcement authorities collect dna samples relevant persons charged violent crimes including assault sample may added database individual arraigned must destroyed convicted identity information may added database officer collected dna sample using common buccal swab procedure quick painless requires surgical intrusio beneath skin winston lee poses threat arrestee health safety respondent identification rapist resulted part operation combined dna index system codis connects dna laboratories local state national level standardizes points comparison loci used dna analysis pp framework deciding issue presented well established using buccal swab inside person cheek obtain dna sample search fourth amendment fact intrusion negligible central relevance determining whether search reasonable ultimate measure constitutionality governmental search vernonia school dist acton need warrant greatly diminished arrestee already valid police custody serious offense supported probable cause search analyzed reference reasonableness individualized suspicion samson california reasonableness determined weighing promotion legitimate governmental interests degree search intrudes upon individual privacy wyoming houghton pp balance reasonableness great weight given significant government interest stake identification arrestees dna identification unmatched potential serve interest pp act serves legitimate government interest need law enforcement officers safe accurate way process identify persons possessions taken custody robable cause provides legal justification arresting suspect brief period detention take administrative steps incident arrest gerstein pugh validity search person incident lawful arrest settled robinson individual suspicion necessary routine administrative procedure police station house incident booking jailing suspect different origins different constitutional justifications say search place incident arrest illinois lafayette depends fair probability contraband evidence crime found particular place illinois gates probable cause exists remove individual normal channels society hold legal custody dna identification plays critical role serving interests first government interest properly identifying arrested tried hiibel sixth judicial dist humboldt criminal history critical officers processing suspect detention already seek identity information routine accepted means comparing booking photographs sketch artists depictions showing mugshots potential witnesses comparing fingerprints electronic databases known criminals unsolved crimes difference dna analysis fingerprint databases unparalleled accuracy dna provides dna another metric identification used connect arrestee public persona reflected records actions available police second officers must ensure custody arrestee create inordinate risks facility staff existing detainee population new detainee florence board chosen freeholders county burlington dna allows officers know type person detained third government substantial interest ensuring persons accused crimes available trials bell wolfish arrestee may inclined flee thinks continued contact criminal justice system may expose another serious offense fourth arrestee past conduct essential assessing danger poses public inform bail determination knowing defendant wanted previous violent crime based dna identification may especially probative regard finally interests justice identifying arrestee perpetrator heinous crime may salutary effect freeing person wrongfully imprisoned pp dna identification important advance techniques long used law enforcement serve legitimate police concerns police routinely used scientific advancements standard procedures identifying arrestees fingerprinting perhaps direct historical analogue dna technology advent viewed natural part administrative steps incident arrest county riverside mclaughlin however dna identification far superior additional intrusion upon arrestee privacy beyond associated fingerprinting significant dna identification markedly accurate may fast fingerprinting rapid fingerprint analysis recent vintage question long takes process identifying information goes efficacy search purpose prompt identification constitutionality search rapid technical advances also reducing dna processing times pp government interest outweighed respondent privacy interests pp comparison substantial government interest unique effectiveness dna identification intrusion cheek swab obtain dna sample minimal reasonableness must considered context individual legitimate privacy expectations necessarily diminish taken police custody bell supra searches thus differ special needs searches otherwise motorists checkpoints see indianapolis edmond reasonableness inquiry considers two circumstances particularized suspicion categorically required diminished expectations privacy minimal intrusion illinois mcarthur invasive surgery may raise privacy concerns weighty enough search require warrant notwithstanding arrestee diminished privacy expectations buccal swab involves brief minimal intrusion virtually risk trauma pain schmerber california increase indignity already attendant normal incidents arrest pp processing respondent dna sample codis loci also intrude privacy way make dna identification unconstitutional loci came noncoding dna parts reveal arrestee genetic traits unlikely reveal private medical information even provide information fact tested end finally act provides statutory protections guard invasions privacy pp md reversed kennedy delivered opinion roberts thomas breyer alito joined scalia filed dissenting opinion ginsburg sotomayor kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press maryland petitioner alonzo jay king writ certiorari appeals maryland june justice kennedy delivered opinion man concealing face armed gun broke woman home salisbury maryland raped police unable identify apprehend assailant based detailed description evidence obtain victim sample perpetrator dna alonzo king arrested wicomico county maryland charged assault menacing group people shotgun part routine booking procedure serious offenses dna sample taken applying cotton swab filter paper known buccal swab inside cheeks dna found match dna taken salisbury rape victim king tried convicted rape additional dna samples taken used rape trial seems doubt dna cheek sample taken time booked led first linked rape charged commission appeals maryland review king rape conviction ruled dna taken king booked charge unlawful seizure obtaining using cheek swab unreasonable search person set rape conviction aside granted certiorari reverses judgment maryland king arrested april group people shotgun charged state assault processed detention custody wicomico county central booking facility booking personnel used cheek swab take dna sample pursuant provisions maryland dna collection act act july king dna record uploaded maryland dna database three weeks later august dna profile matched dna sample collected unsolved rape case dna matched king detectives presented forensic evidence grand jury indicted rape detectives obtained search warrant took second sample dna king matched evidence rape moved suppress dna match grounds maryland dna collection law violated fourth amendment circuit judge upheld statute constitutional king pleaded guilty rape charges convicted sentenced life prison without possibility parole divided opinion maryland appeals struck portions act authorizing collection dna felony arrestees unconstitutional majority concluded dna swab unreasonable search violation fourth amendment king expectation privacy greater state purported interest using king dna identify md reaching conclusion maryland relied various courts concluded dna identification arrestees impermissible see people buza cal rptr app depublished mario kaipio app federal state courts reached differing conclusions whether fourth amendment prohibits collection analysis dna sample persons arrested yet convicted felony charges granted certiorari address question king respondent ii advent dna technology one significant scientific advancements era full potential use genetic markers medicine science still explored utility dna identification criminal justice system already undisputed since first use forensic dna analysis catch rapist murderer england see butler fundamentals forensic dna typing hereinafter butler law enforcement defense bar courts acknowledged dna testing unparalleled ability exonerate wrongly convicted identify guilty potential significantly improve criminal justice system police investigative practices district attorney office third judicial dist osborne current standard forensic dna testing relies analysis chromosomes located within nucleus human cells dna material chromosomes composed regions coding regions known genes contain information necessary cell make proteins regions related directly making proteins referred dna butler adjective junk may mislead layperson fact dna region used near certainty identify person term apparently intended indicate particular noncoding region useful even dispositive purposes like identity show complex characteristics like genetic traits many patterns found dna shared among people forensic analysis focuses repeated dna sequences scattered throughout human genome known short tandem repeats strs alternative possibilities size frequency strs given point along strand dna known alleles multiple alleles analyzed order ensure dna profile matches one individual future refinements may improve present technology even str analysis makes possible determine whether biological tissue matches suspect near certainty osborne supra act authorizes maryland law enforcement collect dna samples individual charged crime violence attempt commit crime violence burglary attempt commit burglary md pub saf code ann lexis maryland law defines crime violence include murder rape assault kidnaping arson sexual assault variety serious crimes md crim law code ann lexis taken dna sample may processed placed database individual arraigned unless individual consents md pub saf code ann lexis point judicial officer ensures probable cause detain arrestee qualifying serious offense qualifying criminal charges determined unsupported probable cause dna sample shall immediately destroyed dna samples also destroyed criminal action begun individual result conviction conviction finally reversed vacated new trial permitted individual granted unconditional pardon act also limits information added dna database may used specifically nly dna records directly relate identification individuals shall collected stored purpose identification permissible person may willfully test dna sample information relate identification specified subtitle tests familial matches also prohibited see person may perform search statewide dna data base purpose identification offender connection crime offender may biological relative individual dna sample acquired officers involved taking analyzing respondent dna sample complied act respects respondent dna collected case using common procedure known buccal swab buccal cell collection involves wiping small piece filter paper cotton swab similar inside cheek individual mouth collect skin cells butler procedure quick painless swab touches inside arrestee mouth requires surgical intrusio beneath skin winston lee poses threa health safety arrestees respondent identification rapist resulted part operation national project standardize collection storage dna profiles authorized congress supervised federal bureau investigation combined dna index system codis connects dna laboratories local state national level since authorization codis system grown include number federal agencies codis collects dna profiles provided local laboratories taken arrestees convicted offenders forensic evidence found crime scenes participate codis local laboratory must sign memorandum understanding agreeing adhere quality standards submit audits evaluate compliance federal standards scientifically rigorous dna testing butler one significant aspects codis standardization points comparison dna analysis codis database based loci str alleles noted compared loci make possible extreme accuracy matching individual samples random match probability approximately trillion assuming unrelated individuals ibid codis loci coding junk regions dna known association genetic disease genetic predisposition thus information database useful human identity testing str information recorded string numbers dna identification accompanied information denoting laboratory analyst responsible submission short codis sets uniform national standards dna matching facilitates connections local law enforcement agencies share specific information matched str profiles require collection dna felony convicts respondent dispute validity practice see brief respondent federal government adopted laws similar maryland act authorizing collection dna arrestees see brief state california et al amici curiae brief collecting state statutes although statutes vary particulars charges require dna sample similarity means case implicates specific maryland law issue standard expanding technology already widespread use throughout nation iii although dna swab procedure used presents question yet addressed framework deciding issue well established fourth amendment binding fourteenth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated agreed using buccal swab inner tissues person cheek order obtain dna samples search virtually intrusio human body schmerber california work invasion personal security subject constitutional scrutiny cupp murphy quoting terry ohio applied fourth amendment police efforts draw blood see schmerber supra missouri mcneely scraping arrestee fingernails obtain trace evidence see cupp supra even breathalyzer test generally requires production alveolar lung breath chemical analysis skinner railway labor executives buccal swab far gentle process venipuncture draw blood involves light touch inside cheek although deemed search within body arrestee requires surgical intrusions beneath skin winston fact intrusion negligible central relevance determining reasonableness although still search law defines term say fourth amendment applies beginning point end analysis fourth amendment proper function constrain intrusions intrusions justified circumstances made improper manner schmerber supra text fourth amendment indicates ultimate measure constitutionality governmental search vernonia school dist acton giving content inquiry whether intrusion reasonable preferred quantum individualized suspicion prerequisite constitutional search seizure fourth amendment imposes irreducible requirement suspicion citation omitted circumstances hen faced special law enforcement needs diminished expectations privacy minimal intrusions like found certain general individual circumstances may render warrantless search seizure reasonable illinois mcarthur circumstances diminish need warrant either public interest neither warrant probable cause required maryland buie individual already notice instance employment see skinner supra conditions release government custody see samson california reasonable police intrusion expected need warrant perhaps least search involves discretion properly limited interpo lation neutral magistrate citizen law enforcement officer treasury employees von raab instant case addressed background maryland dna collection act provides order obtain dna sample arrestees charged serious crimes must furnish sample buccal swab applied noted inside cheeks arrestee already valid police custody serious offense supported probable cause dna collection subject judgment officers whose perspective might colored primary involvement often competitive enterprise ferreting crime terry supra quoting johnson noted different still instructive context involving blood testing oth circumstances justifying toxicological testing permissible limits intrusions defined narrowly specifically regulations authorize indeed light standardized nature tests minimal discretion vested charged administering program virtually facts neutral magistrate evaluate skinner supra search effected buccal swab respondent falls within category cases analyzed reference proposition touchstone fourth amendment reasonableness individualized suspicion samson supra even warrant required search beyond fourth amendment scrutiny must reasonable scope manner execution urgent government interests license indiscriminate police behavior say warrant required merely acknowledge rather employing per se rule unreasonableness balance law concerns determine intrusion reasonable mcarthur supra application traditional standards reasonableness requires weigh promotion legitimate governmental interests degree search intrudes upon individual privacy wyoming houghton assessment reasonableness determine lawfulness requiring class arrestees provide dna sample central instant case iv legitimate government interest served maryland dna collection act one well established need law enforcement officers safe accurate way process identify persons possessions must take custody beyond dispute probable cause provides legal justification arresting person suspected crime brief period detention take administrative steps incident arrest gerstein pugh also uncontested right part government always recognized english american law search person accused legally arrested weeks overruled grounds mapp ohio validity search person incident lawful arrest regarded settled first enunciation remained virtually unchallenged robinson even context clear individual suspicion necessary constitutionality search incident arrest depend whether indication person possesses weapons evidence fact lawful arrest standing alone authorizes search michigan defillippo routine administrative procedure police house incident booking jailing suspect derive different origins different constitutional justifications say search place illinois lafayette search place incident arrest depends fair probability contraband evidence crime found particular place illinois gates interests different individual formally processed police custody law act subjecting body accused physical dominion people chiagles cardozo probable cause exists remove individual normal channels society hold legal custody dna identification plays critical role serving interests first every criminal case known must known arrested tried hiibel sixth judicial dist humboldt individual identity name social security number government interest identification goes beyond ensuring proper name typed indictment identity never considered limited name arrestee birth certificate fact name little value compared real interest identification stake individual brought custody well recognized aspect criminal conduct take unusual steps conceal conduct also identity disguises used committing crime may supplemented replaced changed names even changed physical features jones murray arrestee may carrying false id lie identity criminal history records inaccurate incomplete florence board chosen freeholders county burlington slip suspect criminal history critical part identity officers know processing detention common occurrence eople detained minor offenses turn devious dangerous criminals hours oklahoma city bombing timothy mcveigh stopped state trooper noticed driving without license plate police stopped serial killer joel rifkin reason one terrorists involved september attacks stopped ticketed speeding two days hijacking flight slip citations omitted police already seek crucial identifying information use routine accepted means varied comparing suspect booking photograph sketch artists depictions persons interest showing mugshot potential witnesses course making computerized comparison arrestee fingerprints electronic databases known criminals unsolved crimes respect difference dna analysis accepted use fingerprint databases unparalleled accuracy dna provides task identification necessarily entails searching public police records based identifying information provided arrestee see already known dna collected arrestees irrefutable identification person taken like fingerprint codis loci evidence particular crime way drug test evidence illegal narcotics use dna profile useful police gives form identification search records already valid possession respect use dna identification different matching arrestee face wanted poster previously unidentified suspect matching tattoos known gang symbols reveal criminal affiliation matching arrestee fingerprints recovered crime scene see tr oral arg dna another metric identification used connect arrestee public persona reflected records actions available police records may linked arrestee variety relevant forms identification including name alias date time previous convictions name used photograph social security number codis profile data found official records checked routine matter produce comprehensive record suspect complete identity finding occurrences arrestee codis profile outstanding cases consistent common practice uses different form identification name fingerprint function second law enforcement officers bear responsibility ensuring custody arrestee create inordinate risks facility staff existing detainee population new detainee florence supra slip dna identification provide untainted information charged suspects detaining property felon purposes officers must know type person detaining dna allows make critical choices proceed knowledge identity may inform officer suspect wanted another offense record violence mental disorder hand knowing identity may help clear suspect allow police concentrate efforts elsewhere identity may prove particularly important certain cases police investigating appears domestic assault officers called investigate domestic disputes need know dealing order assess situation threat safety possible danger potential victim hiibel supra recognizing name alone address interest identity approved example visual inspection certain tattoos signs gang affiliation part intake process identification isolation gang members admitted protects everyone florence supra slip third looking forward future stages criminal prosecution government substantial interest ensuring persons accused crimes available trials bell wolfish person arrested one offense knows yet answer past crime may inclined flee instant charges lest continued contact criminal justice system expose one serious offenses example defendant committed prior sexual assault might inclined flee burglary charge knowing every state dna sample taken conviction burglary charge tie serious charge rape addition subverting administration justice respect crime arrest ties back interest safety detainee absconds custody presents risk law enforcement officers detainees victims previous crimes witnesses society large fourth arrestee past conduct essential assessment danger poses public inform determination whether individual released bail government interest preventing crime arrestees legitimate compelling salerno dna identification suspect violent crime provides critical information police judicial officials making determination arrestee future dangerousness inquiry always entailed scrutiny beyond name defendant driver license example maryland law requires judge take account nature circumstances offense charged also defendant family ties employment status history financial resources reputation character mental condition length community md rules knowing defendant wanted previous violent crime based dna identification especially probative consideration danger defendant alleged victim another person community rule see also ed supp similar requirements interest speculative considering laws require collecting dna arrestees government agencies around nation found evidence numerous cases felony arrestees identified violent dna identification matching previous crimes later committed additional crimes identification used detain see denver study preventable crimes three examples online http internet materials visited may available clerk case file study preventable crimes five examples online http maryland study preventable crimes three examples online http present capabilities make possible complete dna identification provides information essential determining whether detained suspect released pending trial see brief dna identification database samples processed two days california although around days average regardless initial bail decision made release appropriate determination made person identity sense birth certificate also records data disclose give identity meaning whole context person really even release permitted background identity suspect necessary determining conditions must met release allowed release authorized may take time conditions met time actual release substantial example federal system defendants released conditionally detained average days released unsecured bond days personal recognizance days financial conditions days see dept justice bureau justice statistics compendium federal justice statistics online http entire period supplemental data establishing person identity background provide critical information relevant conditions release whether revisit initial release determination facts case illustrative though record clear thought given releasing respondent bail gun charge release take weeks months event dna report linked prior rape relevant conditions release true supplemental fingerprint report even arrestee released bail development dna identification revealing defendant unknown violent past lead revocation conditional release see providing revocation release see also brief discussing examples bail diversion determinations reversed dna identified arrestee violent history pretrial release person charged dangerous crime serious responsibility respects state use accepted database determine arrestee object suspicion serious crimes suspicion may provide strong incentive arrestee escape flee finally interests justice identification arrestee perpetrator heinous crime may salutary effect freeing person wrongfully imprisoned offense rompt dna testing speed apprehension criminals commit additional crimes prevent grotesque detention innocent people dwyer neufeld scheck actual innocence proper processing arrestees important consequences every stage criminal process recognized governmental interests underlying search person possessions may circumstances even greater supporting search following arrest lafayette thus reluctant circumscribe authority police conduct reasonable booking searches example standards traditionally governing search incident lawful arrest commuted stricter terry standards robinson interests identification served search arrestee nspection arrestee personal property may assist police ascertaining verifying identity lafayette supra though fifth amendment protection general rule governed reasonableness standard held questions reasonably related police administrative concerns fall outside protections miranda arizona answers thereto need suppressed pennsylvania muniz dna identification represents important advance techniques used law enforcement serve police concerns long arrests concerns courts acknowledged approved century law enforcement agencies routinely used scientific advancements standard procedures identification arrestees police using photography capture faces criminals almost since invention cole suspect identities courts dispute practice concluding sheriff making arrest felony warrant right exercise discretion deem necessary prisoner prevent escape enable readily retake prisoner escape take photograph state ex rel bruns clausmier ind time become daily practice police officers detectives crime use photographic pictures discovery identification criminals courts likewise come conclusion matter regret use unduly restricted upon fanciful theory constitutional privilege shaffer app beginning police adopted exacting means identify arrestees using system precise physical measurements pioneered french anthropologist alphonse bertillon bertillon identification consisted measurements arrestee body along scientific analysis features face exact anatomical localization various scars marks body defense bertillon system times hen prisoner brought photograph taken according bertillon system body measurements made measurements made noted back card blotter photograph prisoner expected placed card card therefore furnished likeness description prisoner placed rogues gallery copies sent various cities similar records kept people ex rel jones diehl app div present case point taking information arrestee limited verifying proper name indictment procedures used facilitate recapture escaped prisoners aid investigation past records personal history preserve means identification future supervision discharge hodgeman olsen see also mcgovern van riper eq ch riminal identification said two main purposes identification accused person committed crime held identification accused person previously charged convicted offenses criminal law perhaps direct historical analogue dna technology used identify respondent familiar practice fingerprinting arrestees advent technique courts trouble determining fingerprinting natural part administrative steps incident arrest county riverside mclaughlin seminal case kelly judge augustus hand wrote routine fingerprinting violate fourth amendment precisely fit within accepted means processing arrestee custody finger printing seems methods identification long used dealing persons arrest real supposed criminal laws known certain means devised modern science reach desired end become especially important time increased population vast aggregations people urban centers rendered notoriety individual community longer ready means identification find ground reason authority interfering method identifying persons charged crime become widely known frequently practiced middle century considered elementary person lawful custody may required submit photographing fingerprinting part routine identification processes smith cadc burger citations omitted dna identification advanced technique superior fingerprinting many ways much insist fingerprints norm make little sense either forensic expert layperson additional intrusion upon arrestee privacy beyond associated fingerprinting significant see part infra dna markedly accurate form identifying arrestees suspect changed facial features evade photographic identification even one undertaken arduous task altering fingerprints escape revealing power dna respondent primary objection analogy dna identification fast fingerprinting considered equivalent see tr oral arg rapid analysis fingerprints recent vintage fbi vaunted integrated automated fingerprint identification system iafis launched july prior time processing fingerprint submissions largely manual process taking weeks months process single submission federal bureau investigation integrated automated fingerprint identification system online http advent technology rendered fingerprint analysis constitutional single moment question long takes process identifying information obtained valid search goes efficacy search purpose prompt identification constitutionality search cf ontario quon slip given importance dna identification police records pertaining arrestees need refine confirm identity important bearing decision continue release bail impose new conditions dna serves essential purpose despite existence delays one occurred case even delay processing dna arrestees reduced substantial degree rapid technical advances see general dewine announces significant drop dna turnaround time dna processing time reduced days days online http gov jindal announces elimination dna backlog dna unit operating real time average dna report time reduced year days online http fbi already begun testing devices enable police process dna arrestees within minutes see brief national district attorneys association amicus curiae tr oral arg assessment understanding reasonableness minimally invasive search person detained serious crime take account technical advances fingerprinting constitutional generations prior introduction iafis dna identification arrestees permissible tool law enforcement today new technology improve speed therefore effectiveness noted actual release serious offender routine matter takes weeks months event identifying arrestee also available records disclose past show police ensure proper person arrest made necessary arrangements custody important also prevent suspicion prosecution innocent sum little reason question legitimate interest government knowing absolute certainty identity person arrested knowing whether wanted elsewhere ensuring identification event flees prosecution lafave search seizure ed end courts confirmed fourth amendment allows police take certain routine administrative steps incident arrest book ing photograph ing fingerprint ing mclaughlin dna identification arrestees type approved maryland statute issue extension methods identification long used dealing persons arrest kelly balance reasonableness required fourth amendment therefore must give great weight significant government interest stake identification arrestees unmatched potential dna identification serve interest comparison substantial government interest unique effectiveness dna identification intrusion cheek swab obtain dna sample minimal one true significant government interest alone suffice justify search government interest must outweigh degree search individual legitimate expectations privacy considering expectations case however necessary predicate valid arrest serious offense fundamental although underlying command fourth amendment always searches seizures reasonable reasonable depends context within search takes place new jersey legitimacy certain privacy expectations state may depend upon individual legal relationship state vernonia school dist reasonableness search must considered context person legitimate expectations privacy example weighing invasiveness urinalysis high school athletes noted egitimate privacy expectations even less regard student athletes public school locker rooms usual sites activities notable privacy afford likewise used benchmark inapplicable public large expectations privacy covered employees diminished reason industry regulated pervasively skinner realities workplace may render entirely reasonable certain intrusions supervisors might viewed unreasonable contexts von raab expectations privacy individual taken police custody necessarily diminished scope bell oth person property immediate possession may searched station house edwards search detainee person booked custody may relatively extensive exploration robinson including requir ing least detainees lift genitals cough squatting position florence slip critical respect search issue differs sort programmatic searches either public large particular class regulated otherwise citizens previously labeled searches chandler miller police stop motorist checkpoint see indianapolis edmond test political candidate illegal narcotics see chandler supra intrude upon substantial expectations privacy insisted purpose detect evidence ordinary criminal wrongdoing justify searches absence individualized suspicion edmond supra individual arrested probable cause dangerous offense may require detention trial however expectations privacy freedom police scrutiny reduced dna identification like issue thus require consideration unique needs required justify searching average citizen special needs cases though full accord result reached direct bearing issues presented case unlike search citizen suspected wrong detainee reduced expectation privacy reasonableness inquiry considers two circumstances held particularized suspicion categorically required diminished expectations privacy minimal intrusions mcarthur suggest search acceptable solely person custody searches invasive surgery see winston search arrestee home see chimel california involve either greater intrusions higher expectations privacy present case situations must balance law concerns determine intrusion mcarthur supra concerns weighty enough search may require warrant notwithstanding diminished expectations privacy arrestee contrast approved standard procedures incident arrest detailed buccal swab involves even brief still minimal intrusion gentle rub along inside cheek break skin involves virtually risk trauma pain schmerber crucial factor analyzing magnitude intrusion extent procedure may threaten safety health individual winston supra nothing suggests buccal swab poses physical danger whatsoever brief intrusion arrestee person subject fourth amendment swab nature increase indignity already attendant normal incidents arrest addition processing respondent dna codis loci intrude respondent privacy way make dna identification unconstitutional first already noted codis loci come noncoding parts dna reveal genetic traits arrestee science always progress progressions may fourth amendment consequences alleles codis loci present revealing information beyond identification katsanis wagner characterization standard recommended codis markers forensic sci argument testing issue case reveals private medical information open dispute even alleles provide information fact tested end undisputed law enforcement officers analyze dna sole purpose generating unique identifying number future samples may matched parallels similar safeguard based actual practice school context deemed significant tests issue look drugs whether student example epileptic pregnant diabetic vernonia school dist future police analyze samples determine instance arrestee predisposition particular disease hereditary factors relevant identity case present additional privacy concerns present finally act provides statutory protections guard invasion privacy noted act requires nly dna records directly relate identification individuals shall collected stored md pub saf code ann purpose identification permissible person may willfully test dna sample information relate identification individuals specified subtitle noted often regulatory duty avoid unwarranted disclosures generally allays privacy concerns nasa nelson slip quoting whalen roe need speculate risks posed system contain comparable security provisions light scientific statutory safeguards respondent dna lawfully collected str analysis respondent dna pursuant codis procedures amount significant invasion privacy render dna identification impermissible fourth amendment light context valid arrest supported probable cause respondent expectations privacy offended minor intrusion brief swab cheeks contrast context arrest gives rise significant state interests identifying respondent proper name attached charges also criminal justice system make informed decisions concerning pretrial custody upon considerations concludes dna identification arrestees reasonable search considered part routine booking procedure officers make arrest supported probable cause hold serious offense bring suspect station detained custody taking analyzing cheek swab arrestee dna like fingerprinting photographing legitimate police booking procedure reasonable fourth amendment judgment appeals maryland reversed ordered scalia dissenting maryland petitioner alonzo jay king writ certiorari appeals maryland june justice scalia justice ginsburg justice sotomayor justice kagan join dissenting fourth amendment forbids searching person evidence crime basis believing person guilty crime possession incriminating evidence prohibition categorical without exception lies heart fourth amendment whenever allowed suspicionless search insisted upon justifying motive apart investigation crime obvious noninvestigative motive exists case assertion dna taken solve crimes identify state custody taxes credulity credulous comparison maryland dna searches techniques fingerprinting seem apt know today opinion chosen tell dna searches actually work time founding americans despised british use general warrants warrants grounded upon sworn oath specific infraction particular individual thus limited scope application first virginia constitution declared general warrants whereby officer messenger may commanded search suspected places without evidence fact committed search person whose offence particularly described supported evidence grievous oppressive granted va declaration rights schwartz bill rights documentary history maryland declaration rights similarly provided general warrants illegal md declaration rights ratification debates antifederalists sarcastically predicted general suspicionless warrant among constitution blessings blessings new government independent gazetteer documentary history ratification constitution kaminski saladino eds brutus new york asked federal constitution contained provision like maryland brutus ii journal patrick henry warned new federal constitution expose citizenry searches seizures arbitrary manner without evidence reason debates federal constitution elliot ed madison draft became fourth amendment answered charges providing rights people secured persons unreasonable searches seizures shall violated warrants issued without probable cause particularly describing places searched annals cong ratified fourth amendment warrant clause forbids warrant issue except upon probable cause requires particula say individualized place searched persons things seized held even warrant constitutionally necessary fourth amendment general prohibition unreasonable searches imports requirement individualized suspicion see chandler miller although closely guarded category constitutionally permissible suspicionless searches never included searches designed serve normal need law enforcement skinner railway labor executives internal quotation marks omitted even common name suspicionless searches special needs searches reflects must justified always concerns crime detection chandler supra approved random drug tests railroad employees yes government need regulat conduct railroad employees ensure safety distinct normal law enforcement skinner supra approved suspicionless searches public schools government acts furtherance responsibilities guardian tutor children entrusted care vernonia school dist acton correct note ante instances permitted searches without individualized suspicion none cases indicate approval search whose primary purpose detect evidence ordinary criminal wrongdoing indianapolis edmond limitation crucial governmental purpose aside stake engage reasonableness inquiry indulges length today put another way legitimacy method correctness outcome hinge entirely truth single proposition primary purpose dna searches something simply discovering evidence criminal wrongdoing detail proposition wrong alludes several points see ante fact king arrestee arrestees may validly searched incident arrest really rest principle good reason objects search incident arrest must either weapons evidence might easily destroyed evidence relevant crime arrest see arizona gant thornton scalia concurring judgment neither object search issue hastens clarify mean approve invasive surgery arrestees warrantless searches homes ante feels need disclaim consequences damning criticism regime muster attempt distinguish hypothetical searches real one unconvincing told concerns search home weighty enough search may require warrant notwithstanding diminished expectations privacy arrestee ante concerns also weighty intrusion body stake fourth amendment lists persons first among entities protected unreasonable searches seizures police engage without suspicion wrongdoing brief minimal intrusion home arrestee perhaps peeking around curtilage bit see ante obviously rate discussion beside point matter degree invasiveness suspicionless searches never allowed principal end ordinary search incident arrest either serves ends officer safety search weapons suspicionless reason believe arrestee possesses evidence relevant crime arrest sensing correctly needs elaborates length ways search served special purpose identifying seems quite wrong unless one means identifying someone searching evidence committed crimes unrelated crime arrest points appear use identifying peculiar sense claiming example knowing arrestee past conduct essential assessment danger poses ante identifying someone means finding unsolved crimes committed identification indistinguishable ordinary aims never thought justify suspicionless search searching every lawfully stopped car example might turn information unsolved crimes driver committed one say search aimed identifying hold search lawful therefore assume means dna search issue useful identify king normal sense word sense identify author introduction principles morals legislation jeremy bentham portion opinion explains identification rationale strangely silent actual workings dna search issue know facts instantly disabused notion happened anything identifying king king arrested april charges unrelated case us day april police searched seized dna evidence issue happened next reading opinion particularly insistence search necessary know arrested ante one might guess king dna swiftly processed identity thereby confirmed perhaps master database known dna profiles done fingerprints suspicionless search crucial avoid inordinate risks facility staff existing detainee population ante surely surely state maryland got cracking grave risks immediately rushing identify king dna soon possible nothing truth maryland officials even begin process testing king dna day actually next day day simple reason maryland law forbids dna sample collected individual charged crime may tested placed statewide dna data base system prior first scheduled arraignment date md pub saf code ann lexis emphasis added king first appearance three days arrest suspect though wait three days ask name take fingerprints places rather different light solemn declaration search necessary king identified every stage criminal process ante hope maryland officials read opinion take seriously acting misperception maryland law lead jail time see md pub saf code ann punishing five years imprisonment anyone obtains tests dna information except provided statute really believe maryland know arraigning response imagine release bail take long dna results returned time perhaps bail revoked dna test turned incriminating information ante answer purpose act assess whether king released bail ante possibly forbid dna testing process begin king arraigned maryland resign simply hoping bail decision drag long enough identification succeed arrestee released truth known maryland increasingly reader search nothing establishing king identity gets worse king dna sample received maryland state police forensic sciences division april two weeks arrest sat office ripening storage area custodians got around mailing lab testing june two months received nearly three since king arrest mailed data lab tests available several weeks july test results entered maryland dna database together information identifying person sample taken meanwhile bail set king engaged discovery requested speedy trial presumably trial john doe august four months king arrest forwarded sample transmitted without identifying information maryland dna database federal bureau investigation national database matched sample taken scene unrelated crime years earlier specific description exactly happened point illustrates definition king identified match fbi dna database known codis consists two distinct collections fbi codis ndis fact sheet http internet materials visited may available clerk case file one one king dna submitted consists dna samples taken known convicts arrestees refer convict arrestee collection collection consists samples taken crime scenes refer unsolved crimes collection convict arrestee collection stores names personal identifiers offenders arrestees detainees ibid rather contains dna profile name agency submitted laboratory personnel analyzed identification number specimen ibid submitting state laboratories expected already know identities convicts arrestees samples taken course moreover codis system works checking see whether samples unsolved crimes collection match samples convict arrestee collection ibid sensible one wants solve cold cases note requires identity people whose dna entered convict arrestee collection already one wanted identify someone custody using dna logical thing compare dna convict arrestee collection search words collection used checking back submitting state agency identify people rather collection evidence unsolved crimes whose perpetrators definition unknown done search nothing identification fact anything identified moment dna database returned match king identity already known docket original criminal charges lists full name race sex height weight date birth address rather august match identified sample earlier crime sample genuinely mysterious maryland state knew probably left victim attacker nothing else king identified association sample rather sample identified association king effectively destroys identification theory acknowledges object search see already known king king volumes biography make less king minimally competent speaker english say upon noticing known arrestee similarity wanted poster previously unidentified suspect ante arrestee thereby identified previously unidentified suspect identified previously unidentified rapist taking dna samples arrestees nothing identifying confirmed actual practice ignores enabling statute also ignores maryland act issue section helpfully entitled purpose collecting testing dna samples md pub saf code ann one expect section play somewhat larger role analysis act purpose say least role provision lists five purposes dna samples may tested point surprise reader learn imagined purpose among instead law provides dna samples collected tested matter maryland law part official investigation crime cases put ordinary purposes certainly everyone always understood maryland act today governor maryland commenting decision hear case said glad llowing law enforcement collect dna samples absolutely critical efforts continue driving crime bolsters efforts resolve open investigations bring resolution marbella review md dna law baltimore sun pp attorney general maryland remarked look ed forward opportunity defend important tool praised dna database helping bring justice violent perpetrators ibid even order staying decision statute provides valuable tool investigating unsolved crimes thereby helping remove violent offenders general population unsurprisingly mention identity roberts chambers slip devastating still identification theory statute enumerate two instances dna sample may tested purpose identification help identify human remains emphasis added help identify missing individuals emphasis added mention identifying arrestees inclusio unius est exclusio alterius note maryland forbids using dna records purposes specified actually crime maryland regulations implementing act confirm monotonously obvious dna searches nothing identification example someone arrested law enforcement determines convicted offender statewide dna data base sample already exists arrestee agency required obtain new sample code md tit state know arrestee already dna sample collected point sample identify course dna sample instead taken order investigate crimes restriction makes perfect sense previously placed identified someone dna file check available evidence sense going expense taking new sample maryland regulations require individual collecting sample verify identity individual sample taken name applicable state identification sid number sample taken continues identified individual name fingerprints see rather believes used identify individuals see records specimen information shall identified ame donor emphasis added review dna testing even begin arraignment bail decisions already made samples sit storage months take weeks test tested checked unsolved crimes collection rather convict arrestee collection used identify act forbids purpose identification prescribes purpose cases forbid official investigation crime safe say identification theory wrong thing error ii also attempts bolster identification theory series inapposite analogies see ante taking dna samples asks taking person photograph fourth amendment search involve physical intrusion onto person see florida jardines slip never held merely taking person photograph invades recognized expectation privacy see katz thus unsurprising cases cites authorizing even mention fourth amendment see state ex rel bruns clausmier ind libel shaffer app fifth amendment privilege practice dna searches asks taking bertillon measurements noting arrestee height shoe size back photograph system ordinary case used solve unsolved crimes possible suppose imagine situations measurements might useful generate leads witnesses described tall burglar tall man cards pulled obvious primary purpose measurements description makes clear verify example person arrested today person arrested year ago say bertillon measurements actually used system identification drew primary usefulness fingerprinting arrestees however relies heavily ante actually say whether believes taking person fingerprints fourth amendment search cases provide ready answer question even assuming however law enforcement use fingerprints different use dna fingerprints arrestees taken primarily identify though process sometimes solves crimes dna arrestees taken solve crimes nothing else contrast codis fbi nationwide dna database iafis fbi integrated automated fingerprint identification system see fbi integrated automated fingerprint identification system http hereinafter iafis fingerprints dna samples average response time electronic criminal fingerprint submission minutes iafis dna analysis take months far long useful identifying someone iafis includes detailed identification information including criminal histories mug shots scars tattoo photos physical characteristics like height weight hair eye color codis contains names personal identifiers offenders arrestees detainees see codis ndis fact sheet latent prints recovered crime scenes systematically compared database known fingerprints since requires forensic entire point dna database check crime scene evidence profiles arrestees convicts come asserts taking fingerprints constitutional generations prior introduction fbi rapid system ante bold statement bereft citation authority none great expansion fingerprinting came modern era fourth amendment jurisprudence never asked decide legitimacy practice kincade kozinski dissenting fingerprint databases expanded convicted criminals arrestees civil servants immigrants everyone driver license americans simply became accustomed fingerprints file government database ibid wrong suggest uncontroversial time blessed universal fingerprinting generations possible use effectively identification also assures us delay processing dna arrestees reduced substantial degree rapid technical advances ante idea presumably snail pace case atypical dna readily usable identification proof however nothing pair press releases turns undercut argument learn reductions backlog enabled ohio louisiana crime labs analyze submitted dna sample twenty still longer eighteen days maryland needed analyze king sample worked way state labyrinthine bureaucracy illustrates times take account many sources delay means suggest maryland unusual may right may qualify context paragon efficiency indeed governor maryland hailing elimination state backlog five years ago see wheeler wants expand dna testing baltimore sun meanwhile holding result dumping large number arrestee samples many minor offenders onto already overburdened system nearly americans arrested offense age see brame turner paternoster bushway cumulative prevalence arrest ages national sample pediatrics also accepts uncritically government representation oral argument developing devices able test dna mere minutes demonstrates may one day possible design program uses dna purpose maryland fact designed program today main point discussion brave new world instant dna analysis obscure issue us whether dna day used identification even whether today used identification whether used identification today fairly said fingerprints really used identify people well fact need expense separate wholly redundant dna confirmation information dna adds makes valuable weapon arsenal ability solve unsolved crimes matching old evidence profiles people whose identities already known going king dna taken disguise fact solving unsolved crimes noble objective occupies lower place american pantheon noble objectives protection people suspicionless searches fourth amendment must prevail disguises vast scary scope holding promising limitation deliver repeatedly says dna testing entry national dna registry befall thee dear reader arrested serious offense ante see also ante repeatedly limiting analysis serious offenses imagine principle possibly justify limitation attempt suggest one believes dna identify someone arrested assault must believe identify someone arrested traffic offense base judgments senseless distinctions end day logic comes us taking dna arrestee traffic violation predictably quite rightly say find significant difference case king make mistake entirely predictable consequence today decision dna taken entered national dna database ever arrested rightly wrongly whatever reason regrettable aspect suspicionless search occurred proved quite unnecessary parties concede entirely permissible far fourth amendment concerned maryland take sample king dna consequence conviction assault ironic result error arrestees outcome ever make difference acquitted crime arrest dna taken upon conviction words act manages burden uniquely sole group fourth amendment protections jealously guarded people innocent state accusations today judgment sure beneficial effect solving crimes taking dna samples anyone flies airplane surely transportation security administration needs know identity flying public applies driver license attends public school perhaps construction genetic panopticon wise doubt proud men wrote charter liberties eager open mouths royal inspection therefore dissent hope today incursion upon fourth amendment like earlier day repudiated footnotes insistence ante cases direct bearing issues presented case perplexing spill much ink special need identification special need required come say suspicionless search arrestee allowed useful solve crimes say members believe whatever major premise opinion really contain call rule decision minor premise search used identify king incorrectness minor premise therefore suffice demonstrate error result way procedure nothing exonerating wrongfully convicted soothingly promises see ante fbi codis database includes dna unsolved crimes know indication cites none also includes dna even crimes whose perpetrators already convicted puzzlingly discussion photography bertillon measurements repeatedly cites state cases clausmier decided fourth amendment held applicable see wolf colorado mapp ohio believes relevant meaning amendment therefore something mystery see fbi privacy impact assessment integrated automated fingerprint identification system iafis generation identification ngi repository individuals special concern risc http searches unsolved latent file may take considerably time see attorney general dewine announces significant drop dna turnaround time http gov jindal announces elimination dna backlog http compare new york belton suspicionless search car permitted upon arrest driver arizona gant second thought