
Maryland v. King
This case considers whether law enforcement can routinely collect DNA samples from individuals arrested for serious crimes before they are convicted. The Supreme Court ruled that taking a cheek swab for DNA is a legitimate booking procedure that does not violate the Fourth Amendment.
- Status
- Awaiting Decision
- Appeal from
- Court of Appeals of Maryland
- Argued
- Feb 26, 2013
Case briefing
Case snapshot
What Happened
The Supreme Court ruled that police can take DNA samples from people arrested for serious crimes without a warrant. The Court decided that a cheek swab is a reasonable part of the booking process, similar to taking fingerprints or photographs.
Why It Matters
This decision allows law enforcement to use DNA to identify suspects and link them to unsolved crimes before they are even convicted. It affects anyone arrested for a serious offense, as their genetic information can now be stored in a national database.
The Big Picture
The case balances the privacy rights of individuals against the government's need to identify people in custody. It marks a significant expansion of how the Fourth Amendment, which protects against unreasonable searches, applies to modern technology.
What the Justices Said
The Court reached a 5-4 decision, with the majority arguing that DNA collection serves a legitimate state interest in identifying arrestees.
“Taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”
The Bottom Line
Police may routinely collect DNA from serious crime suspects during the arrest process to confirm their identity and criminal history.
What's Next
The ruling is now final, meaning states across the country can continue or start programs to collect DNA at the time of arrest. Lower courts will likely face new cases regarding which specific crimes are 'serious' enough to justify these swabs.
What was the core dispute in this case?
The case focused on whether taking DNA from someone who has not been convicted of a crime violates the Fourth Amendment. The Court had to decide if a cheek swab is a search that requires a warrant.
What are the real-world consequences for people who are arrested?
People arrested for serious crimes will have their DNA collected and checked against databases of unsolved crimes. This happens immediately during booking, even if the person is later found innocent of the current charge.
What legal rule did the Court establish with this ruling?
The Court established that DNA swabs are a reasonable booking procedure when police have probable cause (a fair reason) to hold a suspect. It treats DNA collection as a tool for identification rather than just evidence gathering.
What is the next procedural step for this case?
Since the Supreme Court has issued its final ruling and reversed the lower court's decision, the case is closed. The legal standard is now set for law enforcement agencies nationwide to follow.
How does this case fit into broader trends regarding privacy?
This case shows the Court's willingness to allow more intrusive technology in the name of public safety. It reflects a shift where digital and biological data are increasingly treated like traditional physical evidence.
Where things stand
Timeline
Source note
How this page is sourced
Official case materials anchor this page. Reporting is used only to add context and explain the dispute in plain English.
Page data last refreshed Mar 31, 2026.
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