WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Open Up and Say “Aaaaah’m Not Guilty.”

In a landmark 5-4 ruling earlier this week, the US Supreme court authorized taking a suspect’s DNA upon arrest.

DNAJustice Kennedy wrote the majority’s opinion. This decision broke down usual alliances in the court with Chief Justice Roberts and Justices Thomas, Breyer and Samuel A. Alito Jr. joining the majority opinion, while Justices Ginsburg, Sotomayor and Kagan joined Justice Scalia’s dissent.

The reason for the ruling in favor of DNA sampling, however, was not one that supporters tout as a reason for collection – like exonerating those falsely accused or preventing future crimes. Rather, the court ruled that DNA sampling is permitted in order to properly identify the arrestee – like a higher tech, more accurate fingerprint.

Already 28 states and the federal government allow taking samples of DNA (a cheek swab) upon arrest of certain crimes. In some states, in order to address 4th amendment concerns of unlawful search and seizure they have added hearings to determine whether there was probable cause for the arrest.

In the last couple years Washington State Senator. Jeannie Darneille introduced bills to allow for the collection of DNA upon arrest. Her latest bill, HB 2588 made it through the Public Safety Committee in an 8-3 vote before getting stalled in the House Rules.

HB 2588 allowed for the collection of DNA for adults arrested of a ranked felony or gross misdemeanor but prohibited the analysis of samples until a judge finds probably cause to do so. The records would be expunged if charges were never filed or if the individual is acquitted.

Those opposed to the bill include the Defenders and Defense Attorneys of Washington State as well as the ACLU. They cited strong constitutional concerns. And their concerns may still be valid.

Article 1 section 7 of the Washington state constitution protects property rights to a much greater degree than 4th amendment of the US constitution. You can compare for yourself here.

To read more about the Supreme Court decision go here.

Photo Credit – Freedigitalphotos.net, ddpavumba