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Supreme Court skeptical of warrantless DNA collection (access required)


WASHINGTON – As they grilled the lawyers arguing before them on the issue of whether police can collect DNA samples from unconvicted arrestees without a warrant, the justices of the U.S. Supreme Court acknowledged just how high the stakes are. “I think this is, perhaps, the most important criminal procedure case that this court has heard in decades,” said Justice Samuel A. Alito Jr. during oral arguments last week in the case Maryland v. King.

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Criminal Practice – Restaurant Robbery – Identification – Cell Phone Calls — DNA (access required)

U.S. v. Bonner The government’s circumstantial evidence linking defendant to a Subway restaurant robbery through cell phone calls and DNA on a Yankees cap is not sufficient to identify him as a perpetrator, as store employees’ only descriptions of the two robbers were that they were African-American and wore masks and bulky coats; the 4th Circuit affirms the district court decision that overturned defendant’s armed robbery conviction.

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