WASHINGTON - Maryland's high court has ruled swabbing arrestees' cheeks for DNA is unconstitutional and the state's attorney general is expected to give police departments some direction on the ruling.
The Court of Appeals found that taking "buckle swabs" - as they're called - is a violation of a person's Fourth Amendment rights.
As of Thursday, the Montgomery County attorney told jail staff to stop taking DNA swabs. There are questions as to what will happen to already collected samples that have not been processed.
Governor Martin O'Malley, police departments and Montgomery County State's Attorney John McCarthy are among those urging Maryland Attorney General Doug Gansler to ask for a stay and to take the case to the Supreme Court.