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Court To Examine Legality of Warrantless DNA Samples


September 27, 2012

The Supreme Court has decided to reexamine the constitutional privacy of an individual’s blood chemistry, reports National Constitution Center. In Missouri v. McNeely, the court will decide whether police can take a DNA sample from a criminal suspect without a judge’s approval, the report states. In Schmerber v. California in 1966, the court ruled that police could take a DNA sample without a warrant in an emergency case, such as drunk driving. In McNeely, the court will analyze that ruling after a police officer ordered a DNA sample from a drunk driving suspect, considering it an emergency as his blood-alcohol level would drop over time.
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