Invitation to file amicus briefs

[pdf version of this notice]

Supreme Judicial Court invites amicus briefs on whether refusal to consent to a warrantless search of a person to obtain a DNA sample is privileged under the Fourth Amendment and the Constitution of the State of Maine

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae on an issue presented in State of Maine v. Spencer T. Glover, Law Court docket number Oxf-12-373, scheduled to be argued during the December session of the Court.

The issue on which amici are invited to argue is whether refusal to consent to a warrantless search of a person to obtain a DNA sample is privileged—and therefore inadmissible and not subject to comment by counsel—under the Fourth Amendment and the Maine Constitution. On appeal, Glover cites a Kentucky case, which holds that refusal to consent to a search for DNA evidence is privileged under both the Fourth Amendment and the Kentucky Constitution. Deno v. Commonwealth, 177 S.W.3d 753, 762 (Ky. 2005); see also U.S. v. Prescott, 581 F.2d 1343, 1351 (9th Cir. 1978) (holding that asserting Fourth Amendment right to refuse consent to search cannot be evidence of a crime).

Electronic copies of the parties' briefs are available [below].

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities, without separate leave of the Court. All amicus briefs must be filed on or before November 11, 2013, at the address listed below, and must comply with M.R. App. P. 7(c), 9(e)(1), and 9(f). In addition to filing and serving the required number of copies, amici are encouraged to send a copy of their briefs electronically, as a single pdf file, to lawcourt.clerk@courts.maine.gov.

Dated: September 30, 2013

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov

Briefs: