Maryland DNA Policy Upheld by U.S. Supreme Court

As reported by, the U.S. Supreme Court has upheld the constitutionality of Maryland’s DNA Collection Act. In this past congressional session, Governor Martin O’Malley signed into law a bill that repeals the ending of Maryland’s DNA law.

The Supreme Court’s ruling was on Maryland’s DNA case — Maryland v. King. Governor O’Malley said that the ruling by the Supreme Court is significant due to the fact that it legitimizes one important weapon against violent crimes in the state.

The Supreme Court Justices’ opinions regarding the constitutionality of the state’s DNA law varied. According to one justice, although DNA sampling laws are successful in convicting more people, more convictions are likely to happen if there is no restriction on unreasonable searches. Another Justice said that some might think of DNA sampling as a modern version of fingerprinting.

The state will be able to collect DNA from an individual prior to conviction for committing a crime and without a warrant. Investigators and police can collect a DNA sample of an individual after that person has been arrested. The DNA obtained could be held by police even if the arrest failed to result in a conviction.

The Maryland DNA Collection Act was an important part of Governor O’Malley’s 2008 safety agenda. Governor O’Malley strongly believes DNA collection and use of DNA can reduce the amount of violent crime in the state.

If you have been charged with committing a crime in the state of Maryland, you would be wise to speak with one of our experienced criminal defense attorneys at the firm of Alpert Schreyer. We can help defend your constitutional rights and make sure you understand all the tools like DNA collection the courts may use against you. We will fight to achieve the best possible outcome in your case. Call us at (866) 444-6363 to schedule a confidential consultation.

About Andrew Alpert

+Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.