MBE Rules · Criminal Procedure
DNA Collection
Maryland v. King
The rule
DNA cheek swabs of arrestees for serious offenses are reasonable booking procedures, akin to fingerprinting, serving identification interests.
In plain English
DNA collection through cheek swabs from individuals arrested for serious offenses is considered a reasonable procedure during the booking process. This practice is similar to fingerprinting and is justified by the need for accurate identification of suspects.
Worked example
A man is arrested for armed robbery, and during the booking process, police take a DNA cheek swab from him. The DNA matches evidence found at the crime scene, leading to his conviction. The court upholds the DNA collection as a reasonable booking procedure.
Memory hook
DNA swabs are the fingerprinting of the modern era!
The trap
Exams may present scenarios where students must differentiate between serious and minor offenses to determine if DNA collection is permissible, which can be tricky.
How examiners test it
Questions often involve a fact pattern where an arrestee's DNA is collected, requiring students to analyze the reasonableness of the procedure in relation to the offense charged.
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