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Maryland Court Rules DNA Collection At Arrest Unconstitutional

Patch wants to know what you think of the court ruling?

The Maryland Court of Appeals ruled Tuesday that part of a state law that allows law enforcement to collect DNA from anyone arrested for a crime of violence is unconstitutional when it overturned a rape conviction and life sentence Tuesday.

Patch wants to know your thoughts on this state ruling.

The conviction and sentence of Alonzo Jay King Jr. was overturned Tuesday in a 5-2 vote. The court ruled Wicomico County police violated King’s Fourth Amendment right against unreasonable searches when they arrested him in 2009 and took a sample of his DNA, according to court documents and a story on WashingtonPost.com.

The DNA collected from that arrest generated a match to a sample collected from a 2003 sexual assault forensic examination, according to documents stating the court opinion.

That match provided was the only probable cause provided for a grand jury indictment of King on rape charges, according to court documents. King was convicted of first-degree rape and sentenced to life in prison.

"The DNA evidence presented at trial was a fruit of the poisonous tree," the court opinion states.

The sample was taken under the Maryland DNA Collection Act which allows police to collect DNA samples from individuals who are arrested, but not yet convicted, for crimes of violence or burglary or attempting these crimes.

Gov. Martin O’Malley pushed for the law, which went into effect in 2008, according to an AP story posted on WashingtonPost.com. At the time, critics of the law said it had potential to violate civil rights of those who are presumed innocent.

"In a statement, O’Malley expressed disappointment at the ruling and said his administration was reviewing its options," The Washington Post story states.

What are your thoughts on this ruling? Do you think police should have the right to search a person arrested under suspicion of committing or attempting a violent crime? Do you agree with the ruling that it is a violation of rights? Leave a comment.

Hazzard Native April 25, 2012 at 09:49 PM
Maryland lawmakers stink at making laws that can stick. They can't even balance a checkbook, so my hopes aren't real high that they will be able to make laws that can stand up to the Constitution.
Philip Einhorn April 26, 2012 at 05:06 AM
Another example of the lower courts going crazy. A rapist now goes free to do it again. If the judges daughters were raped it might have been a different story.
Susan Misey April 26, 2012 at 12:49 PM
Agree with you Philip! Why take away every tool the police have to catch the mothe-rapists, father-rapists, child molesters, and every other scumbag that slips through the enormous cracks in our legal system.
Diane Kurek April 26, 2012 at 04:10 PM
Who would knowing leave a sample when they know they committed other crimes. Regardless, of how the case was handled the guy was guilty and he needs to be put in jail! I can't believe we have more laws that protect the criminals instead of protecting the innocent citizens!
Jim April 26, 2012 at 06:29 PM
Seems the liberal courts protect rapists and child molestors which leads to repeat offendors and no justice for the victoms.
Tom W April 27, 2012 at 03:05 AM
It is not the courts, they can only rule based on the law. Which the dirtbags in Annapolis have put in place, Also they get a lot of pressure from the idiot of a governor, tax, tax, tax and spend O'Mally.
SNAKE DR. April 27, 2012 at 05:26 AM
All DNA samples should be taken @ birth and kept on file. With your social security #. Unless your DNA is not developed yet. In which case forget That I even mentioned it..
LB April 28, 2012 at 12:57 AM
Clearly OweMalley knew when pushing for this legislation that it would be overturned. However it probably got a powerful constituency off his back in the short run. Our illustrious governor is famouse for these types of patronizing actions, without regard for the rights of citizens or rule of law.
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1ke September 22, 2012 at 11:34 AM
I think you need a microchip implanted in your liver so that we can always know where you are and how much you've been drinking.

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