Kennedy upholds the Maryland arrestee DNA procedure
Anthony M. KennedySupreme Court justice writing the opinion of the Court, joined by Roberts, Thomas, Breyer and Alito
Kennedy's majority upholds the specified cheek-swab DNA procedure as a reasonable part of booking after a serious-offense arrest supported by probable cause.
“the Court concludes that DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure.”
Original text
Where this statement fits
Maryland v. King: Supreme Court upholds DNA swabs of serious-offense arrestees, 5-4
In Maryland v. King, the Supreme Court upheld taking and analyzing a cheek-swab DNA sample after an arrest supported by probable cause for a serious offense and detention in custody. Justice Anthony Kennedy's majority treated the procedure as a reasonable part of booking and identification. Justice Antonin Scalia, joined by Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, dissented. He argued that Maryland was searching for evidence of unrelated crimes, and that the identification rationale did not describe how the system operated.
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Original text
About this source
The Court upheld the specified serious-offense arrestee DNA procedure by 5-4. Scalia's dissent disputes its identification rationale.
Archived copy (opens in a new tab)Before the quotation
The opinion balances state identification interests against the physical intrusion and privacy safeguards.
After the quotation
The Court reverses Maryland's judgment. Scalia and three other justices dissent.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to Maryland's arrestee DNA procedure, the majority expressly defends its constitutional reasonableness under the stated conditions.
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More from this case
Read the full caseScalia rejects the DNA search's identification rationale
“The truth, known to Maryland and increasingly to the reader: this search had nothing to do with establishing King's identity.”Read statement
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The Dispute Index. "Kennedy upholds the Maryland arrestee DNA procedure". First published: 2026-10-30. Last updated: 2026-10-30. https://disputeindex.com/events/7286-kennedy-s-majority-upholds-the-specified-cheek-swab