CA - Judge: Police Can Forcibly Take DNA Samples Upon Arrest

CA - Judge: Police Can Forcibly Take DNA Samples Upon Arrest

www.liveleak.com

In the first case of its type, a federal judge in California has ruled that police can forcibly take DNA samples, including drawing blood with a needle, from Americans who have been arrested but not convicted of a crime.

U.S. Magistrate Judge Gregory Hollows ruled on Thursday that a federal law allowing DNA samples upon arrest for a felony was constitutional and did not violate the Fourth Amendment's prohibition of "unreasonable searches and seizures."

Hollows, who was appointed by President George H.W. Bush, said the procedure was no more invasive or worrisome than fingerprinting or

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What the hell is wrong with California? Is it a testing ground for all the bad ideas that people in power think of?

I just don't get how the Constitution has degraded into nothing more than "a piece of paper". Seriously there is no stopping the total destruction of the document that defines the United States.

I see no way that this can not violate the peoples 4th amendment rights. Forcibly taking someones DNA from the most sacred thing they have(their body) is a complete violation and anyone who cannot see that is out of their mind.



www.liveleak.com
(visit the link for the full news article)

[edit on 29-5-2009 by TV_Nation]

I personally think everyone should have their DNA taken at birth and put into a data base.
Sorry but it would be more productive then anything else.
There would no longer be and questions as to "who done it".
There are so many rape and murder cases that go un solved because there is no match in the already existing violent criminal data base.
Not everyone has a progression process to their crime of choice many of them just do a horrific crime without any smaller violent crimes to lead up to it.

This is just my opinion.
It is my opinion because my heart is with those woman and children who have been raped and murdered because the DNA found in, on, or around their bodies could not be matched.
Them and their families will never have the closure.

I'm asking this honestly and not sarcastically, why do people not want the government to have their DNA what is the worst case theory that people believe that makes them so afraid of the government having their blood?

If the government really wanted your blood for malicious purposes wouldn't they just have your doctor order it for some sort of "test" so you are not aware of them having it?

This is just my opinion.
It is my opinion because my heart is with those woman and children who have been raped and murdered because the DNA found in, on, or around their bodies could not be matched.
Them and their families will never have the closure.

I respect your opinion by my heart is with those who abide by the constitution and this violates the 4th amendment.

I can see where you are coming from with the database but that is not what they are doing. They are trying to get DNA from people who have only been accused of a crime. Why would they need to take DNA for roadside stops? For drunk Driving? Basically they can say that they need your DNA with no probable cause and that is crazy.

Would you want to have your blood taken or your mouth swabbed because you were driving over the speed limit?

If your under arrest then its highly likely that your residence will be searched as a result hair and saliva will be taken from your bathroom, so i would not worry about how they are going to obtain a dna sample.

Though, I agree that the Gov't could take a more subversive route:
There is no Godly reason why the Gov't thould have ANY cause to need your DNA before you are even convicted.
Why do you need to have my blood for a database when I have not been convicted yet.

I agree, This is a cut and clear violation of not only the constitution, but also of our basic human rights.

Regardless of your beliefs this should be a given.

NO man has the right to take a part of another mans being for ANY reason before a conviction. (And I find it hard to justify doing it afterwards either.)

There are many religions throughout the world who believe that Blood is sacred. Would you deny them the right to their own beliefs just so you can feel a little safer in your world? I for one, Would not.


Starred, and flagged!

reply to post by pop_science

This is just my opinion.
It is my opinion because my heart is with those woman and children who have been raped and murdered because the DNA found in, on, or around their bodies could not be matched.
Them and their families will never have the closure.

These families having closure does not make it acceptable for every innocent person to be violated by having their DNA taken from them and placed in some data bank. My DNA is a part of me which no one has a right to take from me without my permission, to do so would also be a violation of my person.

I'm asking this honestly and not sarcastically, why do people not want the government to have their DNA what is the worst case theory that people believe that makes them so afraid of the government having their blood?

It's not a matter of fear, it's a matter of the government attempting once again to take away yet another one of our rights. It's a matter of the government trying to strip our constition down to nothing. This is a direct violation of the constitution, it violates our fourth amendment rights.

The US Constitution is the supreme law of the land and it is not that judges job to rewrite it.

Originally posted by tristar
If your under arrest then its highly likely that your residence will be searched as a result hair and saliva will be taken from your bathroom, so i would not worry about how they are going to obtain a dna sample.

exactly. so why can't they just do that.

I've said it before and I'll say it again. The worst part of being in a hospital for me was having somebody come by and stabbing me every four hours with a needle for several days. Of course I allowed them to do it because my life was in danger and I felt it was worth it in order to continue living.

However, if somebody stabbed me forcibly with a needle I would consider that no different than rape or a serious assault on my person.

Thus if I was raped with a needle by anybody I would have no choice but to consider them a minion of evil and I would spend a great deal of effort plotting and executing my revenge.

If they really only wanted your DNA they would take your toothbrush or steal your drinking cup. Nope, I don't believe they just want your DNA - they want to humiliate all detainees by raping them with a needle to show that you are powerless against them.

This judge needs to take a permanent vacation - he is an evil minion no doubt about it. The idea that force-able painful penetration of your flesh with a foreign object is the same as a simple fingerprint is absolutely insane.

As soon as you start taking everyone's DNA when they are born there's bound to be people left out of the process, who have the right connections. Then again that's fine take all newborns and leave the rest of us the hell alone.


[edit on 2-12-2009 by verylowfrequency]

reply to post by TV_Nation


"No more invasive than fingerprinting"? What?

Sticking a needle in someones arm is no more invasive than inking someones thumb?

When those in power have lost all sense of reality, it's time to start anew.