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  1. #1
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    'Enormous' repercussions as court weighs DNA sampling during arrests

    http://usnews.nbcnews.com/_news/2013...g-arrests?lite

    The Supreme Court is about to decide what one justice says may be its most important criminal procedure case in decades — whether the police have the right to take a DNA sample after they make an arrest.

    The question before the justices is whether taking DNA, often with the quick swab of a cheek, is the latter-day equivalent of fingerprinting or violates the Fourth Amendment protection against unreasonable searches.

    “This is what’s at stake,” Justice Samuel Alito said during an oral argument Feb. 26. “Lots of murders, lots of rapes that can be — that can be solved using this new technology that involves a very minimal intrusion on personal privacy.”...........

    The question before the court has vast implications: 28 states and the federal government take DNA swabs from people under arrest before they can be judged innocent or guilty. In Maryland alone, DNA samples during arrests have led to 75 prosecutions and 42 convictions since 2009, Katherine Winfree, the state’s chief deputy attorney general, told the justices........

    Prosecutors around the country will be watching the court’s ruling closely. If the justices decide that DNA swabbing during arrest is unconstitutional, untold numbers of cold-case convictions could be appealed.

    Mindful of the implications, the court could narrowly tailor its ruling, said Jeffrey Urdangen, director of the Center for Criminal Defense at the Northwestern University School of Law.

    “The repercussions of this are enormous,” he said.


    More at link......


    "The further we (as the human race) grow away from the natural world, the quieter the natural world becomes and the more pathological we become as a culture."........Bernie Krause

    The citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy—a policy worthy of imitation......which gives to bigotry no sanction, to persecution no assistance.......George Washington

  2. #2
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    That's worrisome. I hope they come to the decision that like fingerprints, this non-invasive procedure can be done with any arrest.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  3. #3
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    The UK has a huge dna database as they have been taking samples on arrest for quite a while. They can not only match directly to individuals but they can match to family members in the database.

    Some groups will be lobbying hard against this though. They will say it unfairly targets certain groups and claim it is due to profiling etc....

    Census data and Home Office statistics indicate that almost 40% of black men have their DNA profile on the database compared to 13% of Asian men and 9% of white men.

    In July 2006, the Black Police Association has called for an inquiry into why the database holds details of 37% of black men but fewer than 10% of white men.

    In November 2006, similar concerns were raised by the Sunday Telegraph which found that three in four young black men were on the DNA database.

    http://en.wikipedia.org/wiki/United_...l_DNA_Database

  4. #4
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    Supreme Court upholds DNA swabbing of people under arrest

    The Supreme Court on Monday upheld the police practice of taking DNA samples from people who have been arrested but not convicted of a crime, ruling that it amounts to the 21st century version of fingerprinting.
    The ruling was 5-4. Justice Antonin Scalia, a conservative, joined three of the court’s more liberal members — Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan — in dissenting.
    http://usnews.nbcnews.com/_news/2013...er-arrest?lite
    It is the mark of an educated mind to be able to entertain a thought without accepting it. ~ Aristotle

    The difference between fiction and reality? Fiction has to make sense.

  5. #5
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    Much more a threat to civil liberties than are gun registers.

  6. #6
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    Quote Originally Posted by wfgodot View Post
    Much more a threat to civil liberties than are gun registers.
    Maybe. I can see a day when DNA samples will be taken at birth. Criminals deserve to be caught, so I'm not against this.

  7. #7
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    Quote Originally Posted by TrackerSam View Post
    Maybe. I can see a day when DNA samples will be taken at birth. Criminals deserve to be caught, so I'm not against this.
    A future government then will have at its disposal the ability to frame any and each of us for whatever it might please them to choose.

  8. #8
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    Quote Originally Posted by wfgodot View Post
    Much more a threat to civil liberties than are gun registers.

    You know what? Maybe that is true. And maybe I will regret it later. But each and every time they recover a little body with DNA on it, I will be happy. And I will remember why I gave up that little piece of civil liberties.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  9. #9
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    Quote Originally Posted by wfgodot View Post
    A future government then will have at its disposal the ability to frame any and each of us for whatever it might please them to choose.
    I think they already have that ability.

  10. #10
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    Quote Originally Posted by TrackerSam View Post
    I think they already have that ability.
    True, they can. But having your DNA can lead to DNA manipulation. There are documented cases of it having already happened. That may be what wfg is trying to relate. Not only that, if there are samples, they can easily be dropped into files. DNA is as suspect to tampering as anything else. It is frightening. Even more frightening that it is not made common knowledge, and usually only defense attorneys bother to uncover it.

    Unless I have included a link, it is my opinion and only my opinion that I am expressing.


  11. #11
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    http://www.scotusblog.com/2013/06/de...ryland-v-king/

    Justice Scalia filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.
    Just know one thing, I am the majority.

    Adios amego's

  12. #12
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    One of these justices doesn't belong....

    Joking aside, I'm encouraged to see Scalia in the dissent.
    “Peace is not the product of terror or fear. Peace is not the silence of cemeteries. Peace is not the silent result of violent repression. Peace is the generous, tranquil contribution of all to the good of all." -Abp Oscar Romero

  13. #13
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    Quote Originally Posted by TrackerSam View Post
    I think they already have that ability.
    At times they would seem to but not to the extent that providing DNA gives - Lord God the Great DNA, which seems to mesmerize people into forgetting that, as with all things, humans are testing and interpreting the alleged evidence and humans can make mistakes. (Not to mention it's easy to plant at a scene, thus to reap the worship of juries at trial.)

    It's fair that those convicted of felonies should provide DNA samples - that's status quo now, at least in many places. For those arrested, who have not gone to trial yet? Makes a mockery of civil liberties and distorts the role of the court system entirely, no matter what Justice Alito says. (Weird for me to be on the libertarian side of this matter!)

  14. #14
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    But civil liberties advocates say the move comes at too high a price, given the amount of personal information that a DNA sample potentially can give the government.

    http://www.chicagotribune.com/news/l...,7152727.story

    "If you believe that a DNA search will identify someone arrested for bank robbery, you must believe that it will identify someone arrested for running a red light," said Scalia, reading a portion of his dissent from the bench. "In the end, logic will win out. Make no mistake about it: Because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, for whatever reason."
    Just know one thing, I am the majority.

    Adios amego's

  15. #15
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    As far as planting your DNA or using your DNA for something, it is possible anyway. If someone wants to target you, all they have to do is pick up an item. Any of your garbage cans have plenty of samples. With the ability to replicate DNA now, they can make enough DNA to use.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

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