Erwin Chemerinsky writes:
Once more in Maryland v. King, which will be argued tomorrow, the U.S. Supreme Court is asked to apply the Fourth Amendment to the technology of the 21st century. The issue is whether the Fourth Amendment is violated when a state, without a warrant, collects and analyzes DNA taken from a person arrested for a serious crime solely for investigating other crimes for which there is no individualized suspicion. The case powerfully illustrates the deficiencies in traditional approaches to the Fourth Amendment and the need for the court to develop a Fourth Amendment jurisprudence based on protection of informational privacy.
The government urges the court to use a balancing test and allow the taking and analyzing of DNA because the intrusion is minimal and the benefits for law enforcement are potentially great. King, though, urges the court to follow bright-line rules: except in limited and extraordinary circumstances, searches require individualized suspicion and warrants.
Read more on ABAJournal.