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Md. AG Doug Gansler Files Court Motion To Halt DNA Collection Decision

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credit: FRANCK FIFE/AFP/Getty Images

credit: FRANCK FIFE/AFP/Getty Images

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ANNAPOLIS, Md. (CBSDC/AP) — Maryland’s attorney general Doug Gansler wants to halt a court ruling striking down part of a state law that allows police to collect DNA from people charged with a violent crime, burglary or attempts to commit those crimes.

Alan Brody, a spokesman for Gansler, said the attorney general filed a motion Tuesday to stay the court’s decision. Brody says Gansler will file an appeal to the U.S. Supreme Court if the state Court of Appeals does not reconsider its decision.

Mirroring a similar decision by a Minnesota court, the Maryland court ruled last week that probable cause to make an arrest justifies taking a biological specimen without a search warrant.

Gov. Martin O’Malley who pushed for the law in 2008, says it protects residents and helps solve crimes.

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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