The United States Supreme Court has said taking DNA is lawful.
In Maryland v. King, 569 U.S. 435 (2013), the United States Supreme Court decided that "when officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment."
A Former Marine Didn't Want the U.S. Government to Have His DNA
In March 2017, our firm was hired by a former Marine who had been NJP'd and administratively separated following a period of unauthorized absence. When he was placed into the Navy Brig initially, his charges including Desertion under Article 85, UCMJ. Since Desertion, unlike Unauthorized Absence under Article 86, UCMJ, is considered a felony, the brig took his DNA and submitted it to the United States Army Criminal Investigative Labratory for analysis and entry into the FBI's Combined DNA Index System, or CODIS.
Korody Law, P.A. 118 W. Adams Street, Suite 500, Jacksonville, FL 32202 - (904) 383-7261
Jacksonville FL Military Lawyer Patrick Korody handles personal injury, criminal defense, and military law issues including court-martial, security clearance revocation, security clearance denied, security clearance suspended. Jacksonville Florida Mayport Kings Bay NAS Jacksonville NAS JAX Naval Station Mayport Patrick Air Force Base Charleston Naval Weapons Station NAS Key West NAS Pensacola NAS Whiting Field Criminal Defense Lawyer. Criminal Defense Attorney former JAG lawyer provides services to Navy Air Force Marine Corps Army military members. Court-Martial Court Martial Courtmartial adsep boi security clearance revoked security clearance suspended. Military member DUI in Jacksonville, FL. Military sexual assault defense lawyer: sexual contact, rape, indecent assault, child pornography possession. Under investigation by NCIS? Call us. NJP appeals. Administrative Separation Boards. Military trial attorney. Civilian counsel for military members. Offices located on Mayport Road.