Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

Maryland v. King

Docket No. Op. Below Argument Opinion Vote Author Term
12-207 Md. Feb 26, 2013
Tr.Aud.
Jun 3, 2013 5-4 Kennedy OT 2012
 
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Holding: When officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.

Plain English Summary:

Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 3, 2013. Justice Scalia filed a dissenting opinion in which Justice Ginsburg, Sotomayor, and Kagan joined.

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Holding: When officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.   JudgmentReversed, 5-4, in an opinion by Justice Kennedy on June 3, 2013. Justice Scalia filed a dissenting opinion in which Justice Ginsburg, Sotomayor, and Kagan joined.
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