The New York Times ran an editorial on Justice Roberts order staying a Maryland Supreme Court ruling. Maryland passed a law that allowed police to take a DNA sample of those charged with a crime whether guilty or not. The Maryland Supreme Court ruled the law was unconstitutional based on a violation of the Fourth Amendment. It appears the U.S.Supreme Court might hear the case.
It is a scary law that Maryland passed. Those charged with a crime has their DNA collected. Later, they might have their cased dismissed or found not guilty. The government still has their DNA sample. Big Brother is at work. Clearly , the law authorizes a seizure of someones DNA for no legitimate reason. Twenty four states authorize the collection of DNA at the time of arrest . Currently , Tennessee only authorizes the collection of a DNA sample after the conviction of a felony which is reasonable.
The question is why would Justice Roberts stay a state court order when the U.S. Supreme Court has not yet even decided if they are going to hear the case . Granted , the case is important and needs to be decided . However , does a state constitution trump the U.S, Constitution ? Under the Tennessee Constitution , Tennesseans do have more protection than the U.S. Constitution . The Fourth Amendment is shrinking and under constant attack. There are groups that fight any attack on the Second Amendment's right to bear arms . I wish we had a group as strong as the NRA to fight for the Fourth Amendment.
Maybe the government should take everybody's DNA when they get a photo ID so they can vote. Then , the government could stop voter fraud and have a DNA data base.