IBRAHIM BROWN v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, Sept. 27, 2017,
DNA- DNA profiles in the national CODIS database do not need to be collected in accordance with Maryland’s DNA Statute to qualify as probable cause
Interesting that the Court focuses on PS 2-511(a) which deals with expungement from the state database and completely ignores (c) which specifically states that “(c) Any DNA record expunged in accordance with this section shall be expunged from every data base into which it has been entered, including local, State, and federal data bases.”
That being said, this case deals with records FROM out of state, so no significant impact. Still… it seemed an odd thing to overlook when addressing the issue.
Facts From the Case
In 2014, police responded to a residential burglary in Silver Spring where $12,000 in items were taken. Police noted blood at the scene.
The blood was tested for DNA and the results checked through the FBI’s CODIS (Combined DNA Index System) database. Two matches were found, both coming from samples taken from Brown pursuant to a Washington, DC statute.
The CODIS samples were taken from Brown in Washington, DC pursuant to a misdemeanor sexual assault conviction and pursuant to a felony sexual-assault investigation that never led to charges. Both samples were legally taken under DC law, but neither would have been required under Maryland law.
Based on the CODIS hit, police obtained a search warrant to obtain a buccal swab from Brown. The results came back as a match.
Brown was charged and tried in a bench trial in Montgomery County. At trial, Brown testified that he just went into the victim’s house to “check out” the place but did not steal anything.
He was subsequently found guilty.
Brown appealed, arguing that all of the DNA evidence should have been excluded because it stemmed from a DNA sample taken from him in Washington, DC where DNA samples are required that are not required under Maryland’s DNA statute.
Law from the Case
Held: The Court of Special Appeals disagreed. Maryland’s DNA Statute, unlike Maryland’s Wiretap laws, do not require evidence from out-of-state to have been collected consistent with Maryland law.
PS 2-504 requires certain individuals to have a DNA sample taken (felons, those convicted of certain b&e/burglary offenses).
Maryland’s DNA statute does not require expungement of DNA acquired from out-of-state sources or disallow evidence from other states.