King v. State of Maryland, Essay Example

Question 1.  The fourth Amendment framework centers on establishing reasonableness, which makes the execution of justice in this regard very subjective. First the person must have an “actual (subjective) expectation of privacy and, secondly, society must be prepared to recognize that expectation as ‘reasonable. Precisely, society forms the legal framework, but essentially, society does not have opportunities to execute justice when in this case (18) ‘the record does not specify whether Williamson was provided with a McDonald’s Extra Value Meal. If that was what he received, it appears that the State received the “extra value,” not Williamson. The extra value could be Williamson’ (Courts of Appeal Maryland, 2012)

Question 11: (a) Police violated King’s fourth amendment rights through a warrantless search (b) It was a warrantless search.

Question 111:- (a) Application of the test to the circumstances here could not be more wrong. Proper analysis of the competing privacy and governmental interests at stake exposes the error. (b) Due to the intrusions on personal privacy that attend any arrest by forcing DNA tests (c) DNA contains more than a person’s identity.

Question 1V: (a) It was a suspicious intrusion (b) There was no balance of reasonableness.

Commonwealth v. Anderson, 274 Va. 469 (2007)

Question 1:– Anderson was convicted of rape even though he tried to plead that the DNA test was involuntary. In King’s case the DNA was rejected as being violation of the fourth Amendment. The search was considered unconstitutional.

Question 11: Fingerprinting gives a different identification from DNA. The former relates to identification of a person’s external physical features and the later internal body substances. However, the court tried to rule that the both serve the same purpose and should be treated alike.

Question 111:

• DNA was an unwarranted search
• There was no distinction made between DNA and fingerprinting
• In King’s case DNA evidence was not needed for the present arrest
• Relating DNA to former crimes

Reference

Courts of Appeal Maryland (2012). King v. State of Maryland. No. 68, September Term, 2011