Gansler to Ask Supreme Court to Hear Law Enforcement Case

Law enforcement agencies have called the Maryland Court of Appeals ruling a major setback to public safety.

Attorney General Douglas F. Gansler is asking the Maryland Court of Appeals to issue a stay of its order for Maryland law enforcement agencies for certain crimes so he can appeal the ruling to the U.S. Supreme Court, The Gazette reported.

In a 5-2 decision, the Maryland Court of Appeals overturned a home invasion rape conviction in the case of Alonzo King v. State of Maryland. The court's decision reversed the 2009 provision officials said helped them solve open investigations, according to Maryland law enforcement officials.

Howard County State’s Attorney Dario J. Broccolino, president of the Maryland State’s Attorneys’ Association, said in a statement last week that the ability to collect DNA samples from suspects is an “important crime fighting tool.” 

William McMahon, Howard County Chief of Police and president of the Maryland Chiefs of Police Association said in a statement that DNA collection as a tool, "has been invaluable in our effort and duty to keep citizens safe."

Public safety agencies across Maryland have been urging Gansler to ask the U.S. Supreme Court to hear the case. Montgomery County and local police departments have been up in arms over the ruling, saying it is a major setback to public safety.

Joe Thomas May 04, 2012 at 02:26 AM
All you of you hand-wringers please explain why taking fingerprints or photographs at the time of arrest is okay but taking DNA is not. DNA collection is less intrusive than the rolling of fingerprints. It can involve the defendant spitting on a slide or into a cup.
Mike May 04, 2012 at 06:07 AM
Jails can strip search anyone who is arrested, jails collect fingerprints and photos of anyone who is arrested, the governemnt takes bail money from people who are arrested. None of this violates the 4th Amendment. Why does DNA suddenly cross the line? Maybe the law should be changed to require the police to dispose of DNA from people who are innocent. But not allowing them to collect it at all makes no sense given everything else they're allowed to do.
JH May 04, 2012 at 01:49 PM
Chris Matthews: Time to put this question to the moron meter? Ask those far left loons what they think.
Buck Harmon May 04, 2012 at 01:58 PM
Glad to see the Constitutional protection in action... it's the way that the framers intended for things to progress...less government intrusion ... with the intrusion of so many camera's into our lives , I would say that law enforcement has stepped up it's game to push the limits ...as long as we have had laws, we have had criminals of every kind....the more laws we have...the more criminals we have. Wanna reduce the number of criminals?...Reduce the number of laws....bad laws set criminals free as well. Never forget that the system is broken..
Buck Harmon May 04, 2012 at 02:01 PM
DNA is much like the Constitution...in that it does work in all directions until it is abused....potential for abuse is the public danger in this case...


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