DNA swab of an arrestee is Constitutional

The United States Supreme Court decided today Maryland v. King. The issues presented was whether the police can take a DNA swab of an arrestee even though the arrestee is presumed innocent and the check swab is not supported by probable cause to believe evidence of a crime will be found. The Court held that when an officer makes a constitutionally sufficient arrest for a serious offense and brings the arrestee to the station to be detained in custody the taking of a DNA sample is the same as taking fingerprints or photographing the arrestee. Therefore the taking of the DNA is a legitimate police booking procedure that is reasonable under the Fourth Amendment to the United States Constitution.

This is a scary decision in my humble opinion. Merely being accused of a serious crime and arrested will permit the police to obtain your DNA sample. This is inconsistent with the presumption of innocence and allows your right against a seizures not supported by probable cause (a search warrant or exception thereto) to be waived based on a mere accusation.

What are your thoughts?

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