(KCEN) -- It's a case that could change when and how police gather DNA evidence.
The Supreme Court is considering whether states can analyze DNA from people arrested for a serious crime before they're actually convicted.
The case centers around a Maryland man who says his Fourth Amendment right to protection from unreasonable searches was violated by police.
That's because investigators used his DNA from an assault arrest and linked it to a separate rape case.
His attorney, Kannon Shanmugam, says the state violated his right to privacy by conducting a search without a warrant.
Shanmugam said, "The government conducted the search in this case for the invalid purpose of investigating other crimes for which the government lacked individualized suspicion."
All 50 states currently obtain DNA samples from convicted criminals.
Twenty-eight states also gather DNA from individuals arrested but not yet convicted for various crimes.
The Supreme Court is expected to make a final decision before summer.
