Respondent was arrested in Wicomico County, Mary-land, and charged in state court with first- and second-degree
assault. The state then collected a sample of re-spondent's DNA pursuant to the Maryland DNA Collection Act, which requires the collection and analysis of
DNA from persons who have been charged with certain criminal offenses. It is undisputed that the state con-ducted
the DNA testing not to link respondent to the alleged assault, but rather to determine whether he was implicated in any other offenses. Respondent's DNA profile was matched to a profile from forensic evidence of a previous sexual assault. Based solely on that match, respondent was charged with various offenses arising from the sexual assault, including first-degree rape. Respondent moved to suppress evidence of the DNA match. The trial court denied respondentís motion and later found respondent guilty of first-degree rape. The Maryland Court of Appeals reversed, holding that the warrantless, suspicionless collection and analysis of respondent's DNA violated the Fourth Amendment.
The judgment of the Maryland Court of Appeals was entered on April 24, 2012. A motion for reconsideration was denied on May 18, 2012 (Pet. App. 87b). The petition for a writ of certiorari was filed on August 14, 2012, and granted on November 9, 2012.Question Presented:
Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes?Question:
Whether the Fourth Amendment permits the warrantless collection and analysis of DNA from a person who has been arrested for, but not convicted of, a criminal offense, solely for use in investigating other offenses for which there is no individualized suspicion.