State v. Raines (2004)

In State v. Raines, 383 Md. 1, 25, 857 A.2d 19 (2004), the State collected a DNA sample from an inmate pursuant to the Maryland DNA Collection Act. 383 Md. at 5-6. Because the seizure of the DNA in that case was compulsory and involved the physical intrusion of a swabbing of the inmate's cheek, the State conceded that the act constituted a search but asserted that it was both reasonable and constitutional. Id. at 14. The Raines Court held that both the warrantless search and the statute that authorized it were constitutional, noting the diminished expectation of privacy of incarcerated individuals, the minimal intrusiveness of the search, and the limited nature of the information actually collected from the DNA sample. Id. at 15, 17-18, 25.