Raynor v. State
99 A.3d 753
Md.2014Background
- Rape occurred in Bel Air, MD in April 2006; victim later identified Raynor as a suspect.
- Raynor consented to DNA testing at station but refused; police later swabbed chair armrests for DNA.
- DNA from chair armrests matched DNA from crime scene; warrants followed for arrest, additional DNA, and search.
- Suppression court denied Raynor’s motion to suppress DNA evidence on privacy and Fourth Amendment grounds.
- Court of Special Appeals affirmed; Raynor sought certiorari challenging whether DNA testing of chair-derived DNA was a Fourth Amendment search.
- Maryland Supreme Court held testing of the 13 junk loci was not a Fourth Amendment search and affirmed the Court of Special Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DNA testing of chair DNA is a Fourth Amendment search | Raynor asserts testing reveals private genetic information and is a search | State argues testing only identifies identity, like fingerprints | Not a Fourth Amendment search |
| Whether Raynor had a reasonable expectation of privacy in chair DNA | Raynor had a privacy interest in his DNA | Loci are junk and reveal no private traits; no expectation outside public identification | No reasonable expectation of privacy in identifying loci; not a search |
| Application of Katz framework post King and King’s scope | Privacy in DNA expanded beyond arrestee context | DNA loci used only for identification, akin to fingerprints | Katz privacy requirement not triggered for identification-only loci |
Key Cases Cited
- Maryland v. King, 133 S. Ct. 1958 (2013) (DNA cheek swab as search when used for identification in arrestees; limits not to nonarrest contexts)
- United States v. Dionisio, 410 U.S. 1 (1973) (Identifying physical characteristics generally not subject to Fourth Amendment)
- Kyllo v. United States, 533 U.S. 27 (2001) (Use of technology to reveal intimate details in home is a search)
- Skinner v. Ry. Labor Executives’ Ass’n, 489 U.S. 602 (1989) (Chemical analysis of bodily fluids can reveal private medical facts)
- Williamson v. State, 413 Md. 521 (2010) (DNA from discarded cup identified; DNA testing for identification akin to fingerprints)