The Associated Press reports that the U.S. Supreme Court has ruled police can take DNA swabs from individuals upon arrest without warrant. In a “sharply divided” 5-4 ruling, the majority said DNA testing is a legitimate police procedure. Justice Anthony Kennedy said, “Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.” Four dissenting justices argued that the ruling gives police new powers. Justice Antonin Scalia said, “Make no mistake about it: Because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.” Editor’s Note: A recent Privacy Perspectives blog post looked into the work of Heather Dewey-Hagborg, who will be speaking at Navigate, and the privacy implications surrounding DNA collection and use.
Full Story