In Maryland V

In Maryland v. King, the defendant had a sample of his DNA taken by a buccal swab as part of the routine booking procedure. His DNA was placed in a database following this felony arrest. This DNA sample happened to match the DNA taken from a woman in a rape case. Following his rape conviction, at which the DNA samples were matched, Mr. King appealed, contending that the use of a cheek swab to collect DNA following a routine arrest violated the Fourth Amendment and the evidence should be thrown out. The Supreme Court of the United States:

A) held that it was reasonable to take a warrantless DNA sample following a routine arrest because the privacy expectations of an individual who has been taken into custody are of a diminished scope and that taking a swab of DNA is much like collecting a fingerprint.
B) held that the taking of the buccal swab DNA sample did not violate the Fourth Amendment because arrestees have no Fourth Amendment rights following a valid arrest.
C) determined that an additional warrant was necessary in order to make the intrusion into the mouth of an arrestee, and therefore, the search of Mr. King's mouth was unreasonable because the government did not have a warrant to search his mouth.
D) determined that the interests of law enforcement far outweigh any minimum expectation of privacy that an individual might have in the identification of his DNA and that the Fourth Amendment has no application here.