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Thread: Supreme Court: DNA swab after arrest is legitimate search

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    Senior Member efmbman's Avatar
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    Supreme Court: DNA swab after arrest is legitimate search

    Washington (CNN) -- The Supreme Court has ruled criminal suspects can be subjected to a police DNA test after arrest -- before trial and conviction -- a privacy-versus-public-safety dispute that could have wide-reaching implications in the rapidly evolving technology surrounding criminal procedure.
    At issue in the ruling Monday was whether taking genetic samples from someone held without a warrant in criminal custody for "a serious offense" is an unconstitutional "search."
    A 5-4 majority of the court concluded it is legitimate, and upheld a state law.
    "When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," the majority wrote.

    Very curious to hear the pro's and con's. There are some here I am especially dying to hear from.

    Link to full story: http://www.cnn.com/2013/06/03/justic...html?hpt=hp_t3
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    Senior Member efmbman's Avatar
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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Quote Originally Posted by garhkal View Post
    I posted a thread on this just after the one on the retinal scans at school, but that one is still for some reason "awaiting moderator approval".

    A while back in the UK< there was cases against the police there doing just this, taking people's DNA and putting it into a database, even for just being arrested.. and the european court of human rights said that it is invasive and wrong.. but the police always struggled to comply with their orders to remove people's DNA once they were released or found not guilty..
    Which is what i fear will happen here.. A spiking in arrests, just to get everyone's DNA to build the biggest database possible.. and no matter whether there was cause or not to arrest you in the first place, or whether you are found innocent/charges dropped and you get a court ordering your DNA be removed, i can see the police here being just as slow/dithering about removing it as the UK police have been.
    What about the argument that taking the DNA swab is no different than the process of taking fingerprints for every arrest?
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    Re: Supreme Court: DNA swab after arrest is legitimate search

    I posted a thread on this just after the one on the retinal scans at school, but that one is still for some reason "awaiting moderator approval".

    A while back in the UK< there was cases against the police there doing just this, taking people's DNA and putting it into a database, even for just being arrested.. and the european court of human rights said that it is invasive and wrong.. but the police always struggled to comply with their orders to remove people's DNA once they were released or found not guilty..
    Which is what i fear will happen here.. A spiking in arrests, just to get everyone's DNA to build the biggest database possible.. and no matter whether there was cause or not to arrest you in the first place, or whether you are found innocent/charges dropped and you get a court ordering your DNA be removed, i can see the police here being just as slow/dithering about removing it as the UK police have been.

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    IIRC taking your finger prints when arrested, but NOT convicted, just gets them checked.. but dna is put into the database.

    And that imo i where the issue arises. How can we get them to remove it from those databases (inc a back ups) if we are released with no charge?

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    This goes int he same category as drones, cameras in public places, and all the rest of the shot people get all wound up about... if you ain't doing anything wrong, you've got nothing to worry about. Only ones who should be worried are those leaving DNA where it doesn't belong.
    "If a man is called to be a street sweeper, he should sweep the streets even as Michelangelo painted, or Beethoven composed music, or Shakespeare wrote poetry. He should sweep the street so well that all the hosts of heaven and earth will pause to say, here lived a great street sweeper who did his job well. "

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Quote Originally Posted by efmbman View Post
    What about the argument that taking the DNA swab is no different than the process of taking fingerprints for every arrest?
    What is going into my body during finger printing? Might as well say everyone deserves a full cavity search as well.
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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Anyone against the ultrasound for pregnant women before killing their baby should be against this as well. The price tag, the invasion of privacy. Might as well say its ok to collect the DNA when you are born just incase you ever become a serial killer or rapist. This big government BS has to stop, there is no need for a DNA test when all I was doing was speeding (which can happen cause it is considered an arrestable offence if they want to).
    Liberalism; such great ideas, they need to force you to follow them.

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Quote Originally Posted by CrustySMSgt View Post
    This goes int he same category as drones, cameras in public places, and all the rest of the shot people get all wound up about... if you ain't doing anything wrong, you've got nothing to worry about. Only ones who should be worried are those leaving DNA where it doesn't belong.
    I hate that phrase.. Just cause i am not doing wrong, does NOT mean i should have no issue with being effectively treated like i am (which is what i feel pushing it that everyone's DNA gets databased)..

    Just like if i am at home and cop's ask to search my house. Just cause i say no, does not mean i "MUST be guilty of something"..

    Quote Originally Posted by WILDJOKER5 View Post
    Anyone against the ultrasound for pregnant women before killing their baby should be against this as well. The price tag, the invasion of privacy. Might as well say its ok to collect the DNA when you are born just incase you ever become a serial killer or rapist. This big government BS has to stop, there is no need for a DNA test when all I was doing was speeding (which can happen cause it is considered an arrestable offence if they want to).
    Exactly. It used to be "Get convicted, your DNA is taken and databased. Now it's if we arrest you (even if no charges get filed, your arrest was invalid etc) your dna is taken and filed. At this rate i can easily see it getting to "every US citizen from the moment they are born has their DNA filed.

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Doesn't really bother me. The military already has everything that could possibly ID me.

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    Re: Supreme Court: DNA swab after arrest is legitimate search

    Someone at a CO's call i heard about (no eye witness so can't say if it was actually true or not) supposedly asked the CO if when he gets out he can petition to have his "DNA" on file with the military removed, just like civilians can if their DNA is taken "for exclusionary purposes".. since iirc the purpose of taking our DNA and keeping it on record is to ID our dead body if too mangled to get a facial recognition done. And once out there is no longer that need.

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