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The Legality of DNA Swab Testing After Arrest

In a 5-4 majority, the United States Supreme Court concluded suspects can be subjected to a police DNA test after arrest and before trial and conviction. DNA samples would go into a national database and could possible be used to solve "cold cases." However, it calls into question the issue of personal privacy vs. public safety.

These tests, which would typically entail a cheek swab, have become highly controversial seeing as the tests do not require enforcement officers to obtain a warrant. Pitt Law Professor David Harris discusses the effect this could have on law enforcement.

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