Chief’ Counsel: Maryland v. King—The Constitutionality of DNA Collection for Law Enforcement Purposes

The effect of DNA evidence upon the criminal justice system cannot be understated. It has revolutionized criminal investigations and adjudications—through both exoneration and conviction.1 Every state in the United States, and the federal government, has some statutory body creating and regulating the administration of, and sampling for, DNA2 databases used in solving various classes of criminal offenses.3 Every state requires the collection of DNA from felony convicts.4 Despite such statutory databases existing since 1989,5 the U.S. Supreme Court did not weigh the constitutionality of them until June 2013, in the seminal case of Maryland v. King.6 Before then, the nation’s courts reached no unanimous finding as to the constitutionality of such statutory regimes.7 The King case, a 5-4 decision, presents the first glimpse of what law enforcement may expect from future rulings regarding the constitutionality of taking DNA evidence from an arrestee—and by implication the admissibility of such evidence in a criminal proceeding.8 This article introduces the King case and some issues that will arise from it.