FILE - In this Oct. 18, 2011 file photo, Supreme Court justice 

FILE - In this Oct. 18, 2011 file photo, Supreme Court justice Antonin Scalia looks into the balcony before addressing the Chicago-Kent College Law justice in Chicago. The Supreme Court on Tuesday struggled with what one of the justices called its most important criminal procedure case in decades, whether to let police take DNA from those arrested, but not convicted, in hopes of using it to solve old cases.  (AP Photo/Charles Rex Arbogast, File)
Associated Press
FILE - In this Oct. 18, 2011 file photo, Supreme Court justice Antonin Scalia looks into the balcony before addressing the Chicago-Kent College Law justice in Chicago. The Supreme Court on Tuesday struggled with what one of the justices called its most important criminal procedure case in decades, whether to let police take DNA from those arrested, but not convicted, in hopes of using it to solve old cases. (AP Photo/Charles Rex Arbogast, File)
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