In Maryland v. King, the United States Supreme Court upheld the taking of a DNA sample, using a buccal swab, from a suspect’s cheek, whose arrest for an unrelated “serious offense” was based on probable cause. The Court analogized the taking of a buccal swab to other routine

Police can now take DNA without warrant

administrative steps associated with identifying the suspect incident to his arrest—booking, photographing, and fingerprinting. Consequently, the state would not be required to establish either probable cause or reasonable suspicion to acquire the suspect’s DNA. The Court acknowledged that securing a DNA sample using the buccal swab procedure would be a search without a warrant; however, it was reasonable under the circumstances given that it involved “but a light touch on the inside of the cheek” and the state’s interest in properly identifying the suspect was paramount.

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