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Davis and Hayes

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The Supreme Court's decisions in Davis and Hayes mention, but do not conclusively address, one potential exception to the rule that a person cannot be taken to the police station for fingerprinting without probable cause or the person's consent.

If a person is not arrested but is legally detained based on reasonable suspicion, it may be permissible to fingerprint that person at the scene at which he or she was stopped without securing a warrant. 9

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