Legal Opinion · Dissent

In re the Welfare of M.L.M.

Supreme Court of Minnesota

Decided January 25, 2012No. A09-0875Published

1DissentMeyer, Justice

I respectfully dissent. M.L.M. was adjudicated delinquent for the purpose of rehabilitation. It is a disposition at the other end of the harmlessness scale from a sentence for a felony conviction. The collection and retention of the biological specimen for DNA implicate strong privacy interests apart from those intruded upon by the collection of the specimen, amount to full-scale personal DNA searches because of the potential for exposure of exceptionally private information contained in the DNA, and operate as a permanent burden on privacy. I would conclude that the State’s interest in…

2Cases cited37 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  5. Schmerber v. CaliforniaSupreme Court of the United States · 1966

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