JUS 101 MOD 2 Discussion.docx - After reading Justice...

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After reading Justice Scalia’s dissention on Maryland v. King (2013) it is hard not to agree with his view. When Justice Scalia stated, “The objects of a search incident must be either (1) weapons or evidence that might be easily destroyed, or (2) evidence relevant to the crime of arrest” ( Maryland v. King, 2013 ) that further proved the point of taking a cheek swab as a matter of routine booking process for a serious crime that a person was arrested (but not convicted) for is a violation of their fourth amendment rights. As a psychology student I started to ponder that if on an unconscious level did the Justices that agreed with Maryland do so because of the nature of the crime of rape? I will not go into the statistics of recidivism of sex offenders as that is another post if not a paper itself. As of 2016 Maryland is one of 11 states that take DNA at the time of arrest for some felonies (Emmerich, 2016). King even though was arrested on felony charges was pled down to a misdemeanor. Misdemeanor in that state do not have DNA taken even if jail time is given.
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  • Fall '16
  • It, criminal law, Arrest, Misdemeanor

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