In a split decision, a U.S. Supreme Court ruling will allow police to legally take DNA from people they arrest without a warrant or a conviction. A five-justice majority found the swab to be a legitimate police booking procedure. The four dissenting justices argued that the ruling allows a major change in police powers. The ruling essentially equates a DNA cheek swab with fingerprinting.

DNA samples can be taken by individuals arrested for various crimes during the police booking procedures, before being proven guilty or not guilty and without a warrant. That sample can then be entered into a national database.

All 50 states and the federal government currently take cheek swabs from convicted criminals. At least 28 states and the federal government currently take DNA swabs after arrests, including Tennessee.

Since 2009, Tennessee state law has allowed DNA swabs by arresting officers taken from individuals arrested for violent crimes. Violent crimes include murder, aggravated assault, sexual battery and 14 other offenses. The swabs are then processed in the TBI crime lab and entered into a national database.