Currently, the NYPD is in court over the racial profiling of their stop and frisk searches. With this ruling, I bet the NYPD will start arresting Black teenage boys a men on a humble, just to be able to swab for DNA. The NYPD WILL have a DNA database that Scalia(!) warns about.
The court ruled 5 to 4 that government has a legitimate interest in collecting DNA from arrestees, just as it takes photographs and collects fingerprints. Rejecting the view that the practice constitutes an unlawful search, the majority said it was justified to establish the identity of the person in custody.
“DNA identification represents an important advance in the techniques used by law enforcement to serve legitimate police concerns for as long as there have been arrests,” Justice Anthony M. Kennedy wrote for the majority.
The dissenters were three of the court’s liberals plus conservative Justice Antonin Scalia, who amplified his displeasure by reading a summary of his dissent from the bench.
“The court has cast aside a bedrock rule of our Fourth Amendment law: that the government may not search its citizens for evidence of crime unless there is a reasonable cause to believe that such evidence will be found,” Scalia said from the bench.
In his dissent, Scalia wrote that the majority’s attempts to justify the use of DNA as an identification tool “taxes the credulity of the credulous.” He added, “Make no mistake about it: As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.”
And then once NYPD does it, the Baltimore City Police Department will follow suit. It WILL be a national database, state by state.