SCOTUS ruled today that DNA swabs at booking (including entering into CODIS) are constitutional.

Seems to make sense, given how much importance defendants have placed on DNA. The sample can also help detect wrongfully arrested individuals sooner. Not sure why this is an issue.

Read opinion here - Maryland v. King

No kidding, seems to be more of the "have our cake and eat too" mentality.

Well, yeah, except the issue here is that Maryland takes the sample and runs it through CODIS to find cold case hits. It's not like they think it's evidence of the crime the guy was arrested for.

Besides, I don't think Scalia and the others would object if the sample was given voluntarily -- which I assume your hypothetical wrongfully arrested individual would be happy to do.

That opinion is weak. The dissent is much more compelling and convincing than the opinion.

So, warrantless (and suspicionless and unrelated to reason for arrest) DNA is OK. But warrantless (yet fully supported by probable cause related to offense) blood is not.

Interesting.

What if police take blood to "identify" the suspect?

Kennedy has a thing about identity.

Just FYI:
Sen. Cruz Statement on SCOTUS Decision in Maryland v. King

If this was done, can DPS accept those known DNA samples and upload them into CODIS without a statute authorizing it? Would you need a court order in each case? I don't remember how that works.

FYI, a bill to authorize LE agencies to collect DNA samples on arrest for any jailable offense (Class B or higher) never got anywhere last session. It was HB 1038 by Eiland.

I believe Texas does have a statute requiring DNA tests when people are indicted for a laundry list of offenses.

We sure do Gov't Code 411.1471.

Looks to me like it could be amended to include more than just sex cases.

But for the time being, my initial thought is we are limited to testing that's covered by the statute.

How much does the DNA test cost? And how many more lab workers will be needed to process them all, plus the ones from crimes scenes?