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Supreme Courts DNA ruling could alter state law
DA: Cheek swab same as taking fingerprints
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In 2011, citing Fourth Amendment concerns, the Georgia legislature gutted a Senate bill that would have allowed collection of DNA evidence upon arrest for those charged with felonies. In the latest Supreme Court examination of a Fourth Amendment concern, justices ruled 5-4 that laws in Maryland and 28 other states allowing collection and databasing of DNA — done by swabbing the inside of an arrestee’s cheek — are a reasonable search upon arrest. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ...” reads the Fourth Amendment, and the key word is “unreasonable,” Gainesville attorney John Breakfield said.