Chief Justice’s Stay Order Suggests Court Will Consider Constitutionality of DNA Tests for Arrestees

An order by Chief Justice John G. Roberts Jr. is allowing Maryland police to continue collecting DNA samples from those who are arrested for serious crimes.
Roberts said there is a “fair prospect” that the U.S. Supreme Court will overturn an April ruling by Maryland’s highest court, which found the state’s DNA law violated the Fourth Amendment. The law authorizes DNA collection from individuals charged with but not yet convicted of violent crimes and burglaries.