KGMI News Reporting
By Karen Taylor
The Supreme Court has upheld a law that allows Police in many states to take DNA samples without a warrant.
Local defense attorney Jeffrey Lustick says it comes from a Maryland case where a man convicted of rape had a DNA swab taken from him during his arrest for another crime.
His attorneys argued it was a ‘warrant-less search of his body’ and violated his privacy.
Play Jeffery Lustick on DNA swab
There are similar laws for taking DNA swab samples in 30 other states, but Washington is not one of them.
Washington State’s Constitution has an article that protects people from warrant-less DNA swabs unless a person is strongly suspected of committing a crime.