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Court: Police can take DNA swabs from arrestees
Law Firm News |
2013/06/03 21:08
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A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.
But the four dissenting justices said that the court was allowing a major change in police powers.
"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.
At least 28 states and the federal government now take DNA swabs after arrests. But a Maryland court was one of the first to say that it was illegal for that state to take Alonzo King's DNA without approval from a judge, saying King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches."
But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. |
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Court Upholds Rifle Sales Reporting Requirement
Law Firm News |
2013/06/01 18:19
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A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.
The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.
But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.
The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one. |
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Court won't hear challenge to copyright board
Court Issues |
2013/05/31 17:12
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The Supreme Court won't hear a challenge to the authority of the board that sets royalty rates for musical works.
The high court refused Tuesday to hear an appeal challenging the Copyright Royalty Board, a panel of three copyright judges appointed by the Librarian of Congress.
Intercollegiate Broadcast System Inc. said the board should be appointed instead by the president and confirmed by the Senate. They want to have overturned a decision by the board that noncommercial educational webcasters pay an annual fee of $500 per channel for a license authorizing the webcasting of unlimited amounts of music.
The U.S. Circuit Court of Appeals for the District of Columbia Circuit refused to hear their appeal, and the Supreme Court did as well. |
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Missouri man sentenced for murder of attorney
Court Watch |
2013/05/23 18:55
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A St. Louis man has been sentenced to life in prison after pleading guilty to murdering a lawyer who was beaten, stabbed and strangled in a 14-minute struggle.
The St. Louis Post-Dispatch reports 46-year-old Cleophus King entered the plea Wednesday in the March 2008 killing of Luke Meiners, an assistant St. Louis County counselor.
King’s accomplice, Ferguson resident Ronald Johnson, received the same sentence after pleading guilty in 2010.
Prosecutors said Johnson lured Meiners — an acquaintance — to King’s home by saying he needed a ride there to laundry. In fact, prosecutors said, the two had planned in advance to rob Meiners and killed him when he resisted.
Johnson and King used Meiners’ vehicle to dump his body in Venice, then stole electronics from his University City apartment. |
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