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Complete 7 page APA formatted essay: Maryland v. King: Can DNA collected without a warrant be admitted as evidence under the Fourth Amendment.However, one of the most controversial rulings in was a ca
Complete 7 page APA formatted essay: Maryland v. King: Can DNA collected without a warrant be admitted as evidence under the Fourth Amendment.
However, one of the most controversial rulings in was a case of King v. Maryland. While the application of the DNA sample identification has been on the rise, this case provided a rare legal argument on the constitutionality of unwarranted DNA sample collection in regard to the Fourth Amendment.
Alonzo King was arrested for assault on April 2009 by the Maryland police. In line with the Maryland DNA collection Act, the police took a DNA sample swab from his cheek (Bender 78). The Act allows police to collect DNA swab from any suspect of the crime with or without consent. The issue is certainly one of the most controversial enforcement that some scholars disagree with because it borders abuse of privacy. In what came to be a monumental case, King v. Maryland, the controversial Maryland laws appeared to contradict the Fourth Amendment (Bender 86). The Fourth Amendment prevents a warrantless collection of DNA from a suspect regardless of the nature of the crime he committed.
Following arrest of King and subsequent collection of DNA sample by police, several legal issues emerged. Firstly, there were questions regarding Maryland Laws on warrantless collection of data. While the law gives police powers to collect sample without any warrant from the court, the Fourth Amendment of United States constitution vehemently requires any DNA sample collection from any suspect should be accompanied by court warrant. The suspect was arrested for assault. DNA collected, and it matched with one of the rape case that was unresolved(Bender 81).
After matching with an already pending court case, the police sought confirmatory DNA sample that also matched with those in "cold" cases. The second buccal swab merged with brow swab in the law enforcement database leading to additional charges of rape due to the new evidence from DNA sample. The court in Kings case held an opinion that the warrantless collection of DNA was in accordance with Maryland laws. The ruling in
