In 2013, the United States Supreme Court legalized DNA collection of all felony arrestees upon arrest through its decision in Maryland v. King. Since then, the State of Ohio has broadened the use of arrestee DNA by subjecting it to familial DNA searches. Ohio’s practice of conducting familial DNA searches of arrestee DNA violates the Fourth Amendment because arrestees have a reasonable expectation of privacy in the information that is extracted from a familial DNA search and it fails both the totality of the circumstances and the special needs tests. Further, these tests go against the intention of the Supreme Court when it legalized arrestee DNA collection as it specifically precluded the use of arrestee DNA collection in its Maryland v. King decision.
No Longer Innocent Until Proven Guilty: How Ohio Violates the Fourth Amendment Through Familial DNA Searches of Felony Arrestees,
69 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol69/iss1/10