Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Raynor v. State – Court of Appeals

The Raynor argument is today, April 8.

Issues – Criminal Law

(1) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, a citizen maintains an objectively reasonable expectation of privacy in the DNA found in genetic material involuntarily and knowingly deposited through ordinary biological processes?

(2) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, the determination of an individual’s expectation of privacy requires consideration of the privacy interest in the information obtained, & not just the privacy interest in the place in which it was found?

(3) Was the collection and testing of Petitioner’s perspiration a limited intrusion justified by reasonable suspicion?

(4) Even if not constitutionally reasonable, does law enforcement conduct in this case not justify application of the Fourth Amendment’s exclusionary rule?

This case is significant.  The argument can be found live, here, on the COA website.

UPDATE:

Read The Daily Record’s full story on the Raynor case in the Court of Appeals of Maryland