Love or hate it, It’s now the law of the land with no possible repeal.
Since the S/C did not limit what offenses qualified for the taking of a DNA sample and laid the foundation that it is just another tool for L/E to identify a person expect to see this coming to a town near you.
Cost and testing facilities will limit its use at first but once departments start budgeting and new testing centers open more abundant use could be seen over the next ten years.
Simply put,
Don’t do dumb things that place yourself in a position were law enforcement would be required to take a DNA sample.
In my state a DNA sample is collected and entered into the database when a convicted Felon is released from prison. I think that is the best system for collecting DNA. Anything more intrusive without a search warrant is unnecessary.
Then you are not booked and processed. If you are a suspect and I want your prints or DNA the I must get a warrant or court order, nothing has changed.
So are you personally okay with this change? You would feel perfectly comfortable with your DNA on file with police agencies as a potential criminal? Are you okay with them “stopping” for now with just people who have been arrested or do you feel that we ALL should just be on file, just in case we might commit a crime in the future?
We might just have to agree to disagree on this point because I want the government to know as little about me as possible. The lower profile I can keep, the happier I am.
Only taken in the instance of conviction of violent felonies or lawful warrant.
Custodian should be arresting agency with a provision of providing samples to other agencies with a warrant.
Samples should be kept as long as they are viable.
Costs should be paid by restitution.
Basically it’s 4th amendment protection.
I’m sure if we had a “search day” where one a year every home was randomly searched we would solve LOTS of crimes. Probably even prevent many future crimes, including violent crimes.
We could probably do a lot of business if the country was run like a high school that did surprise locker inspections. I’m positive it would save lives.
But I’m also positive it would lead to horrible abuses, get some innocent people jammed up and criminals would find some way to benefit from the situation in ways never imagined.
So that means we have to deal with crime and punishment the hard way with investigations that often go nowhere and crimes that go unsolved.
I’ve arrested quite a few people in my lifetime and when it comes to felonies the, “I made a mistake” or “I was in the wrong place at the wrong time” is a bunch of role and culpability mitigation nonsense. That may fly with the defendant’s family but never has anything to do with either the law or the truth.
I know of a couple of people that did stuff they shouldn’t have. Especially when they were young and stupid and have since gone on to live productive lives and have not been back in trouble.
But, it probably isn’t the norm. I just hate the thought of someone being branded for life even after they have served their debt to society with the potential to wind up in court/jail again because some of their skin cells or a coffee up they threw away happened to be at a crime scene with no other corroborating evidence.
I run more than my fair share of documented sources and am more than willing to go to bat for the good ones. I have also arrested people for very serious felonies that have never ended up seeing the inside of a jail or a courtroom, having repaid their debt to society in other ways, with the concurrence of the U.S. Attorney or the Attorney General’s Office, of course. Serious crimes, in this case felonies, come with serious consequences just as they should.
The case featured an alignment of justices that scrambled the usual ideological alliances. Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Stephen G. Breyer and Samuel A. Alito Jr. joined the majority opinion, while Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined Justice Scalia’s dissent.
Justice Scalia has been a strong voice for Fourth Amendment rights this term. In recent months, he joined his three liberal allies from Monday’s decision, along with other justices, to form majorities that limited the use of drug-sniffing dogs outside homes and the drawing of blood in drunken-driving investigations.
As I’ve stated time and again, we are witness to the emergence of the most intrusive police state in human history…
Their debt is never paid from just serving time which is generally only a fraction of the time their sentenced too thanks to so called good time, parole etc. I have no empathy for convicted felons. I think they should only get their rights back once they have taken serious steps to show they can have the public’s trust again.
pat
No the evil men are the ones we are trying to put behind bars or put a needle in their arm. Evil is a convicted sex offender getting out and killing an elderly couple and then raping a 2 year old child. That is what evil is and most on here thankfully have never looked into the eyes of a truely evil man. http://www.presstv.ir/usdetail/305740.html
Pat
Just so that everyone is clear, this is not a change, this is SCOTUS saying that what is common practice in the majority of States and with the Fed is NOT a violation of the Fourth Amendment, nor an abuse of due process.
I had a very long and detailed reply to several individuals and posts in this thread. By the time I got to the end, I was so disgusted and disappointed, I said “Fuck It!” and deleted the whole thing. I’m not going to change anyone’s opinion here, regardless of the glaring problems I point out.
This board has some individuals who are out and out statists. They have no business holding any position of authority whatsoever. I’m utterly appalled by some of the BS arguments in favor of trampling on the Constitution posted within. A mod should nuke this thing from orbit and erase any hint that it ever existed.
Im with you except for the mods nuking the thread. Discussion should continue if for no other reason than I find out who should be added to the ignore list.
