maryland vs king

[GenuineRisk]

The other problem with the decision is that the 5 concurring justices say that it's okay because the intent with DNA was to make a positive identification, while Scalia and the three women on the court say that the positive ID was already established, so there was no reason for DNA testing. Clearly, the cops were trying to link him to other crimes which he not accused of, which was not what the case was about and currently falls under unreasonable search and seizure. It's tough from a gut standpoint, since the guy likely did commit this earlier rape, but it's bad law if you believe in individual freedom and the 4th Amendment.

I can't find Scalia's full dissent, but according to comments on a site talking about it, he basically said, well then, let's be honest about what this is for and take DNA swabs from every American citizen and keep them on file. Because that's what this is about; having a database to link people to crimes.