04 June 2013

DNA samples from arrested persons can be taken without court approval

The US Supreme Court upheld the right of police to take DNA from detainees

Alexey Bogdanovsky, RIA NovostiThe US Supreme Court on Monday upheld the right of police to take DNA tests during routine checks of detainees.

By five votes to four, the court upheld the relevant Maryland law and overturned the decision of the state Supreme Court, which found the law unconstitutional.

Thus, the laws of the federal government and 28 states that allow such practices, which are opposed by a number of human rights organizations, will remain intact.

The decision of the Supreme Court was made against the background of serious disagreements between the judges. So, a conservative member of the court Antonin Scalia said that such a decision violates the Fourth Amendment to the US constitution. This amendment prohibits searching citizens for the commission of a crime if there is no certainty that evidence will be found.

"Thanks to the current decision, your DNA can be taken and entered into the national database if you have ever been arrested, lawfully or not, and for any reason," Scalia said. Together with him, liberal judges Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan opposed the decision.

The judges who voted for the decision believe that DNA analysis provides a unique opportunity to solve serious crimes, and modern technologies allow it to be carried out by minimally invasive methods — for example, by simply taking a saliva sample from a detainee. Judge Anthony Kennedy clarified that the court's decision is aimed at checking suspects of serious offenses.

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