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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

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.

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.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 13 2012Application (12A48) for a stay of the judgment and mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 18 2012UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the judgment and mandate of the Court of Appeals of Maryland, case No. 68, is hereby stayed pending receipt of a response, due on or before Wednesday, July 25, 2012, by 4 p.m., and further order of the undersigned or of the Court.
Jul 20 2012Response to application from respondent Alonzo Jay King, Jr. filed.
Jul 23 2012Reply of applicant Maryland filed.
Jul 26 2012Letter submitted by respondent
Jul 30 2012Application (12A48) granted by The Chief Justice. (In Chambers Opinion)
Aug 14 2012Petition for a writ of certiorari filed. (Response due September 17, 2012)
Sep 4 2012Brief amici curiae of Maryland Chiefs of Police Association, Inc., et al. filed.
Sep 11 2012Order extending time to file response to petition to and including October 17, 2012.
Sep 12 2012Brief amicus curiae of Steve Cooley, District Attorney for the County of Los Angeles filed.
Sep 17 2012Brief amicus curiae of DNA Saves filed.
Sep 17 2012Brief amici curiae of Maryland Legislators filed.
Sep 17 2012Brief amicus curiae of National District Attorneys Association filed.
Oct 12 2012Brief of respondent Alonzo Jay King, Jr. in opposition filed.
Oct 24 2012DISTRIBUTED for Conference of November 9, 2012.
Oct 24 2012Reply of petitioner Maryland filed. (Distributed)
Nov 9 2012Petition GRANTED.
Nov 21 2012Record Received from the Maryland Court of Appeals. 2 volumes.
Nov 27 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Dec 4 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 18 2012SET FOR ARGUMENT ON Tuesday, February 26, 2013
Dec 26 2012Joint appendix filed. (Statement of costs filed)
Dec 26 2012Brief of petitioner Maryland filed.
Dec 28 2012Brief amici curiae of Genetics, Genomics and Forensic Science Researchers in support of neither party filed.
Dec 28 2012Brief amicus curiae of National District Attorneys Association filed.
Jan 2 2013Brief amicus curiae of the United States filed.
Jan 2 2013Brief amicus curiae of National Governors Association, et al. filed.
Jan 2 2013Brief amicus curiae of Los Angeles County District Attorney on behalf of Los Angeles County filed.
Jan 2 2013Brief amicus curiae of Global Alliance for Rapid DNA Testing filed.
Jan 2 2013Brief amici curiae of DNA Saves, et al. filed.
Jan 2 2013Brief amici curiae of Maryland Crime Victims' Resource Center, Inc., et al. filed.
Jan 2 2013Brief amicus curiae of Susana Martinez, Governor of the State of New Mexico filed.
Jan 2 2013Brief amici curiae of California, et al. filed.
Jan 2 2013Brief amicus curiae of Maryland Coalition Against Sexual Assault filed.
Jan 2 2013Brief amici curiae of Maryland Chiefs of Police Association, Inc., et al. filed. (Distributed)
Jan 9 2013Additional record received from the Court of Appeals of Maryland. Part of this record is electronic.
Jan 10 2013CIRCULATED.
Jan 25 2013Brief of respondent Alonzo Jay King, Jr. filed. (Distributed)
Jan 29 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 1 2013brief amicus curiae of Veterans for Common Sense filed. (Distributed)
Feb 1 2013Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Feb 1 2013Brief amicus curiae of Electronic Privacy Information Center and twenty-six technical experts and legal scholars filed. (Distributed)
Feb 1 2013Brief amicus curiae of Public Defenders Service for the District of Columbia filed. (Distributed)
Feb 1 2013Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Feb 1 2013Brief amici curiae of Genetic Scientists Robert Nussbaum and Sara H. Katsanis filed. (Distributed)
Feb 1 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 1 2013Brief amicus curiae of Council for Responsible Genetics filed. (Distributed)
Feb 1 2013Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Feb 1 2013Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Feb 1 2013Brief amici curiae of 14 Scholars of Forensic Evidence filed. (Distributed)
Feb 15 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 19 2013Reply of petitioner Maryland filed. (Distributed)
Feb 26 2013Argued. For petitioner: Katherine Winfree, Chief Deputy Attorney General, Baltimore, Md.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C.
Jun 3 2013Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 5 2013MANDATE ISSUED.
Jul 5 2013Record returned to Court of Appeals of Maryland.
Jul 5 2013Record returned to Circuit Court fo Wicomico County.
 
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