Supreme Court to Hear Major DNA Case

Gansler says the collection of DNA is subject to strict regulations and that the state must destroy a DNA sample and expunge all related DNA records if no conviction arises from the related charges or the conviction is reversed.

The federal government agrees and has filed a brief on behalf of Maryland arguing that the "touchstone of the Fourth Amendment is reasonableness" and that the law properly balances a person's privacy interest against a legitimate government interest.

"The governments' interests very significantly outweigh an arrestee's interest in avoiding the minimal intrusion of collection of a DNA sample for the limited purpose of creating a DNA fingerprint."

The Supreme Court will hear arguments in the case on Feb. 26.

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