Previously, he was the Director of Copyright Activism at the Electronic Frontier Foundation. King, which upheld a similar law in Maryland, did not apply in this case because of significant differences between each state's DNA collection laws. Police have never routinely collected or used photographs or prints for random crime-solving purposes; both were always mainly for identification of persons already suspected of a crime (i.e., individualized suspicion).114 We know this intuitively: how common are newspaper headlines about thirty-year-old cases solved through “cold hit” fingerprint or mug shot matches, or exonerations based on a hit to a fingerprint or photograph newly uploaded to the database? Last month the Supreme Court made their decision on Maryland v. King. Luckily I came … Audio Transcription for Opinion Announcement - June 03, 2013 (Part 2) in Maryland v. King Antonin Scalia: To decide otherwise would require the sort of senseless distinctions that this Court is not accustomed to make, is not supposed to make if there is any difference between prescribing legal rules willy-nilly and deciding what an existing legal principle requires. Notify me of follow-up comments by email. Justice Scalia, IV: The majority balanced state interests relating to detaining and charging arrestees against the affected individuals' interests in their bodily integrity and informational privacy. He writes about computers, creativity, and the law, and works as the Director of Special Projects at the Freedom of the Press Foundation. Dissent: Scalia, joined by Ginsburg, Sotomayor, Kagan: Laws applied; U.S. Const. Relying solely on Justice Scalia’s “powerful” assurances, she adds that. You can read the full decision in this PDF, with Scalia’s dissent starting on page 33. at 177-78. amend. For more information, see Full opinion (dissent at page 33): In what is arguably the most important criminal procedure case the Supreme Court has decided in decades, the Court today announced its 5-4 holding in Maryland v. King. As NYU Law Professor Erin Murphy put it: Most powerfully, Justice Scalia explained (partially through the use of a chart) why fingerprinting differed dramatically from DNA typing. The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence. Justice Scalia’s dissenting opinion in Maryland v.King, the arrestee-DNA case, has been praised as “one of the best Fourth Amendments dissents, ever” and his “smartest, wittiest ruling of all time” ().But one man’s wit is another’s vitriol, and according to another law professor, the opinion is “dripping with contempt” (Feldman 2013). Scalia’s dissent in Maryland v King July 5, 2013. I'm the Director of Special Projects at the Freedom of the Press Foundation, and previously led copyright activism at the Electronic Frontier Foundation. In Maryland v. King, EPIC argued that the government collection of DNA opens the door to misuse and threatens personal privacy. Last month the Supreme Court made their decision on Maryland v. King. I’m with him, as I don’t expect to agree with Justice Scalia very often, I found this dissent to be spot on. “Human Error, Bias, and Malfeasance” in DNA Databases and Law Reviews, The Oral Argument in Maryland v. King — Part III, The Oral Argument in Maryland v. King — Part II, The Constitutionality of DNA Collection Before Conviction: An Updated Scorecard. (Murphy 2013, p. 166, note omitted). Solving unsolved crimes is a noble objective, but it occupies a lower place in the American pantheon of noble objectives than the protection of our people from suspicionless law-enforcement searches.

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