The US Supreme Court ruled today in Maryland v. King, 133 S.Ct. 594 (2012) that police can now take a DNA swab from a persons mouth after they had been arrested for a “serious offense”.  In a 5-4 decision, the majority related a DNA swab to taking fingerprints or mugshot at the time of arrest.  Like dissenting Justice Scalia, I could not disagree more.  In his dissent, Justice Scalia  acknowledged that taking DNA samples of newly arrested individuals could help police solve more crimes, however, he believed that taking DNA samples of anyone who enrolls in public school, flies on an airplane, or gets a driver’s license would help solve cold cases as well.  Justice Scalia also included in his dissent his feelings about how he believes our nation’s founding fathers would react to the majority’s ruling…”Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”

By Atty. Lance Sobelman