UPDATED (6:00 p.m.)—U.S. Supreme Court Chief Justice John Roberts continued a stay in the Maryland Court of Appeals ruling that had stopped police departments in Maryland from collecting DNA samples from some arrestees.
With the delay continued, police in Maryland can continue to collect the samples until the Supreme Court issues an opinion.
Roberts, in a four-page order, wrote that there is a reasonable chance that Maryland could win its appeal and overturn the Court of Appeals ruling.
"[The Maryland Court of Appeals] decision conflicts with decisions of the U. S. Courts of Appeals for the Third and Ninth Circuits as well as the Virginia Supreme Court, which have upheld statutes similar to Maryland’s DNA Collection Act," Roberts wrote.
Prior to the Court of Appeals ruling, police departments were permitted to collect DNA samples from people arrested on felony charges.
The ruling was in response to an appeal filed by Alonzo King who was arrested in 2009. Wicomico County collected King's DNA at the time of his arrest and later charged him in a 2003 rape, for which he was ultimately convicted.
Lawyers for King argued that the DNA swab violated their client's Fourth Amendment rights.
Police departments around the state while the Maryland Attorney General appealed the decision.
"This is the biggest setback to law enforcement in 20 years," Takoma Park Police , according to Rockville Patch. "It's a sad day for law enforcement and it's a sad day for the judicial system
Roberts on July 18 pending a response from King's attorneys.
One day later, Baltimore County police Chief Jim Johnson announced his agency based on Roberts' initial order.
Other agencies around the state have followed suit.
"It was something we did in the past according to the guidelines, and we suspended after the last ruling," Amy Miguez, an Annapolis Police Department spokeswoman, said. "Now with this ruling were are starting to collect samples again."
Annapolis Patch Local Editor contributed to this report.
Sometimes when you go so far to one side you'll find yourself meeting the other side's fringe.
The reason, is simple, police do not hand out drivers license (not licence as you spelled it). Thats a state role, not law enforcement. Again, voting isnt issued out by police. If you didnt break the law to begin with, why be worried? I have given DNA and yet, I'm free. Dont do the crime....
For the Innocent...a major violation regardless of any ruling by a corrupt and in effective court system. Those that violate the oath to uphold the Constitution should be removed from office and harshly punished by the people. Courts can not control their own destiny and remain within the constraints of the Constitution.
On another subject I think dna should also be collected automatically, of the man & child, if a man is named as a father of a child and child support is demanded. Most woman are honest and just want help giving their children the best they can but there are con artist out there that like to pick the best person to get money out of that they had sex with. Sorry I went off topic about crime but it stayed on dna.
How far are we from taking DNA samples at traffic stops? You have been charged with a crime, i.e., speeding. We have sobriety checkpoints also, why not have random DNA checkpoints and solve a whole bunch of crime? Just asking?
In 1993 William Joseph Trice was arrested for indecent exposure (felony) and spent 13 months in jail. His DNA was not collected. It took grant money received from the government in 2004 for the purpose of retesting felony cold-cases to finally link Trice to 3 (so far) rapes. (The most recent being in Montgomery County a couple of weeks ago) Had DNA been collected from him at the time of his incarceration in 1993, these cases could have been closed quicker, freeing detectives to investigate and solve other cases. Also, it is yet to be known how many other women Trice raped between his release from jail in 1995 and 2009 when he was finally arrested. Find out how this rapist was stopped by reading -One Voice Raised: A Triumph Over Rape (Amazon) by Jennifer Wheatley-Wolf & Chief Investigator David Cordle
The goal of the conservative movement is less government intrusion and greater individual liberty. Permitting the police to collect DNA is the epitome of Ronald Regan's quote, "I am from the government and I am here to help." Massive collection of DNA for random enforcement of new laws drawn up by left leaning politicians smacks of socialism on a scale we haven't seen since the days of the KGB. No thanks comrade, hopefully Roberts court will restore American liberty.
The crime lab had incorrectly identified his DNA in a semen sample, and testimony from one technician stated that Sutton was most certainly the attacker based on an ‘exact DNA match.’ Re-testing later completely ruled out Sutton as a suspect. He had served almost five years in prison and was one of thousands of people convicted with evidence from the HPD crime lab, which consequently shut down.
It's a defense attorney's JOB to defend his client. Its one of the rights given to a person in this country, you know. Outside of blatantly lying to the court, the defense attorney is there to protect the rights of the accused - it's not his job to judge. Everyone hates lawyers - until they need one.
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2. What about mugshots? 3. Don't collect DNA at all? I hope you mean at the time of arrest. Please tell me you are not talking about even after conviction.