Should the Government be Allowed to Take DNA Samples After an Arrest, but Prior to a Conviction? High Tech Squares Off with the Fourth Amendment as the Supreme Court Grants Certiorari in King v. Maryland

DNA evidence has come a long way since the O.J. Simpson case. It has infiltrated the popular consciousness through television shows like “CSI” and others. The awesome power of this technology to condemn, but also to frequently exonerate, is par for the course now, recognized and accepted by judges, juries and practitioners as a reality of the criminal justice system landscape.

Many states, prudently, have codified their methods for the collection and utilization of such evidence. Maryland is one of them, having enacted the “Maryland DNA Collection Act”, Md. Code Ann., Pub. Safety Section 2-504.

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