A divided Supreme Court ruled [on June 3] that police may take DNA samples when booking those arrested for serious crimes, narrowly upholding a Maryland law and opening the door to more widespread collection of DNA by law enforcement. The court ruled 5 to 4 that government has a legitimate interest in collecting DNA from arrestees ... to establish the identity of the person in custody. Conservative Justice Antonin Scalia ... amplified his displeasure by reading a summary of his dissent from the bench. The court has cast aside a bedrock rule of our Fourth Amendment law: that the government may not search its citizens for evidence of crime unless there is a reasonable cause to believe that such evidence will be found," Scalia said from the bench. He added, "Make no mistake about it: As an entirely predictable consequence of today's decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason." Steven R. Shapiro, legal director of the American Civil Liberties Union said the decision "creates a gaping new exception to the Fourth Amendment" and violates a long-established understanding that "police cannot search for evidence of a crime ... without individualized suspicion."
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