Supreme Court Rules On DNA Swab After Arrest

, Posted: Mon, June 3 2013 at 12:50 PM, Updated: Mon, June 3 2013 at 1:28 PM

(NBC News) The Supreme Court delivered a big victory to police and victim's rights groups Monday in the fight over how and when your DNA can be used to solve crimes.

28 states and the federal government have laws authorizing the collection of DNA following arrest but prior to conviction.

In a decision of five to four the court ruled the taking of an suspect's DNA does not constitute an unreasonable search.

In his majority opinion Justice Anthony Kennedy compared the taking of DNA to "fingerprinting and photographing" and called it "a legitimate police booking procedure."

In his dissent Justice Antonin Scalia worried about government over-reach writing DNA can now be taken "if you are ever arrested, rightly or wrongly, and for whatever reason."

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