An editorial in yesterday’s New York Times begins:
Earlier this year, Maryland’s highest court held that collection of DNA samples from people arrested but not yet convicted violated the Fourth Amendment’s prohibition against unreasonable searches and seizures. Last week, Chief Justice John Roberts Jr. stayed that ruling while the Supreme Court decides whether to hear Maryland’s appeal of the state court decision. The Supreme Court should take up this case, but there was no good reason for the chief justice to allow the police to continue collecting DNA while the case is on appeal.
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