Maryland Attorney General Douglas Gansler is asking the state’s Court of Appeals to reconsider its ruling that DNA collection from arrestees during the booking process is unconstitutional in most cases.
The appeals court last week found fault with amendements to a Maryland act that allows authorities to take DNA samples of those who have been arrested and charged with crimes of violence or burglary, or attempting those crimes. The court reversed the rape conviction of a man who was identified as a suspect in the rape after his DNA was collected following an assault arrest.
In a motion filed Tuesday, Gansler and others in his office said the decision “undermines important public safety objectives.” The amendments to the law could already aid in resolving 190 cases, according to the document, and the federal government and many other states have similar laws.
If the appeals court does not reconsider, the state plans to appeal the ruling to the U.S. Supreme Court. The attorney general’s office is asking that the appeals court allow law enforcement officials to continue to collect arrestee DNA and keep the rape defendent detained until appeals are completed.
