Tag Archives: special needs

The Oral Argument in Maryland v. King — Part V

It is time to sum up and read the tea leaves that are the transcript of the February 26th oral argument in Maryland v. King. Previous postings concerned these topics:

Part I

  • Whether taking DNA profiles of arrestees is distinguishable from acquiring them from the general population;

Part II

  • Whether deriving information from database trawls that could inform pretrial release decisions and conditions can constitute a special need for warrantless DNA acquisition now or in the future;

Part III

  • Whether DNA profiles are distinguishable from fingerprints on the theory that collecting fingerprints is not even a search;
  • Whether DNA samples are distinguishable from fingerprints because DNA samples contain more personal information;

Part IV

  • Whether Kyllo‘s analysis of thermal imaging of a home applies to DNA profiling;
  • Whether the Court’s precedents show it is unwilling to trust the government;
  • How Skinner, Greenwood, and Davis (4th Cir. 2012) affect the claim that a laboratory analysis limited to identifying features is a search in its own right.

At least some of the Justices appeared to be searching for a theory that would distinguish routine DNA collection and analysis before conviction (DNA-BC) for arrestees from the DNA-BC for everyone in the population. But why? � read more �