[11], There are many critics of this case in response to the decision. In 2004, EPIC filed a "friend of the court" brief (PDF) in United States v. Kincade, 379 F. 3d 813 (9th Cir. This sample was the only evidence linking King to the rape. We have tutors online 24/7 who can help you get unstuck. Read more about Quimbee. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Taking into account the balance of securities, the privacy interests outweigh the government's interests. The Act requires law enforcement to collect DNA samples from all individuals arrested for violent crimes. Here's why 404,000 law students have relied on our case briefs: Are you a current student of ? Citation 497 US 836 (1990) Argued. The fact of an arrest will allow a brief search for weapons, but that is a type of a special need search, a matter of officer's safety, not crime solving. Some Justices Not So Sure, The Supreme Court Sees the Future: 90-Minute DNA Matches, and Less Crime, Supreme Court Questions Sides in Challenge of Md. In 2003, a man broke into the victim's house and raped her. Argued February 26, 2013—Decided June 3, 2013 . After his 2009 arrest on first- and second-degree assault charges, re-spondent King was processed through a Wicomico County, Maryland, facility, where booking personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act … The court held that the DNA act was therefore unconstitutional as applied to King and reversed the decision of the lower court. MARYLAND v. WILSON(1997) No. Such a purpose made the search the type of indiscriminate, general search that the Fourth Amendment was meant to protect against. Sherkow, Jacob. The Maryland Court of Appeals then reversed the original ruling, agreeing that the DNA sampling was a violation of the Fourth Amendment and could not be used as evidence. The DNA was run through a law enforcement database, and officers found that it matched the DNA of the perpetrator from the 2003 rape. Security, Unique By the time it was done, his first trial was nearly over and the case was titled State versus King, not State versus John Doe. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. In 2004, EPIC submitted a 'friend of the court' brief in Maryland v. Raines, 857 A.2d 19 (Md. [13] On the other hand, those in favor of the ruling see this case as an important weapon in fighting future crimes. It authorized the collection of DNA in order to "assist an official investigation of a crime; to identify human remains; to identify missing persons;" and other purposes. At his sexual assault and rape trial, the court denied King's motion to suppress the DNA evidence. The sequence modification allows governments, like Maryland's, to identify the alleles, versions of some loci or gene, of a person in the DNA. The State of Maryland then appealed the ruling and called for the case to be reviewed by the Supreme Court of the United States. In 2008, the Act was amended to allow the State to collect DNA from people arrested for burglary, or violent crimes, at the time of their arrest. Police were unable to determine the man's identity from the woman's description, but police were able to get the man's DNA. This case came to be after a individual was arrested, and booked for assault and during the booking process the individual had the inner cheek swabbed as, part of the booking process as part of Maryland DNA Collection Act (Maryland Act) . , There are many critics of this case in response to the rape all individuals arrested for crimes. 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