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Maryland v. Alonzo Jay King, Jr.

Updated Oct 18, 2026

In brief

The Supreme Court overturned Maryland's ruling and allowed DNA cheek swabs during booking when police have a legal basis to arrest someone for a serious offense and bring that person in for custody.

Where it stands
Decided

Decided 5-4 · June 3, 2013 · Opinion by Justice Kennedy

What it’s about
The Supreme Court held that law enforcement officers can constitutionally collect DNA samples from individuals arrested for serious crimes as part of routine booking procedures.
Who it affects
The ruling permits cheek-swab DNA collection during booking for people arrested on a legal basis for a serious offense and brought in for custody.

Summary: written with AI from the case record.

Illustration for Maryland, Petitioner v. Alonzo Jay King, Jr.
Conceptual illustration · AI-generated

What it's about

The Court ruled that this practice serves a legitimate state interest and does not violate the Fourth Amendment.

Maryland's policy allowed DNA collection from people arrested for serious crimes before they were convicted.

Question presented

Does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of serious crimes?

What the Court decided

Holding

When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, 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. 425 Md. 550, 42 A. 3d 549, reversed.

Result
Reversed

The Court's reasoning

The Court compared cheek-swab DNA testing to fingerprinting and photographs, treating it as a legitimate booking step under the Fourth Amendment when the arrest and custody conditions are met.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Breyer
  2. Thomas
  3. Kennedywrote the opinion
  4. Roberts
  5. Alito
Dissenting · 4disagreed with the result
  1. Kagan
  2. Scaliawrote the dissent
  3. Ginsburg
  4. Sotomayor
5 justices joined the judgment, 4 dissented.

From the opinions

“Whenever this Court has allowed a suspicionless search, it has insisted upon a justifying motive apart from the investigation of crime.”

— Justice Scalia(dissent)

What's next

Police and courts applying the decision must follow its limits: the arrest must be supported by probable cause for a serious offense, and the person must be brought in for custody.

Documents

3

Docket activity

12
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

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  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: title, opinion_date

    Oct 17, 2026 · Court records

  • New analysis added

    Sep 3, 2026 · Court records

  • Case data updated: term, status, opinion_date

    Jul 25, 2026 · Court records

  • Audio Recording added: Oral Arguments - King

    Oct 30, 2014 · Court records

  • Opinion added: King

    Jun 3, 2013 · Court records

  • Brief added: Questions Presented

    Court records

More questions

1
What did Justice Scalia argue?
He argued that police were using DNA to investigate crimes, not simply to identify people in custody.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis