Gansler wants your DNA

Originally Posted by hvp05

I can see the argument from the 4th Amendment, but it depends on what one considers an "unreasonable search and seizure".

Or it could be another dangerous precedent that leads to everyone being cataloged and tracked...

I have always thought it wrong to allow any collection of fluids ........ akin to forcing someone to testify ......... what happened to the 5th Amendment


unfortunately a number of Jurisdictions automatically collect DNA when you are picked up - not sure if DNA is gathered if you are 'detained' or you gave to be arrested

[Merlin99 (Premo)]

Originally Posted by itsrequired

They are charged with....murder, robbery, rape...etc. Some cases are better than others. Sometimes they are caught red handed. They have confessed. There are multiple witnesses.

This isn't really about innocence or guilt though this is about unreasonable search. The person is already in custody. It takes 30 seconds to run a swab under their lip. Their identity is confirmed as to whom they are. If there is a hit on their DNA another case might be solved, or, an innocent person might even go free! Tell me what is so unreasonable about that swab?

I agree that police shouldn't over extend our authority but this isn't it. This is using the tools we have to do our job. It is not abusing citizens. It is not a fishing expedition as you or someone else proclaimed in an earlier post. It's getting bad people off of the street. Not at any extra cost. We are not bustin into people's homes, we are not stopping people on the street. We are not looking into peoples cars. We are processing them while they are being arrested. Nothing unreasonable about that.

I hope Tom is right. I hope it's overturned. If not, I hope you explain to the next rape victim why their rapist can't be convicted because you want to protect the rights of the person who raped them.

So why not collect every bodies DNA when you get your drivers license? It only takes 30 seconds and may solve some crime somewhere.

[itsrequired]

Originally Posted by Merlin99

So why not collect every bodies DNA when you get your drivers license? It only takes 30 seconds and may solve some crime somewhere.

Because getting your driver's license isn't part of the booking process.

[Merlin99 (Premo)]

Originally Posted by itsrequired

Because getting your driver's license isn't part of the booking process.

But you're both innocent of any crime at this point.

[justiceforall]

Originally Posted by Merlin99

Doug Gansler wants your DNA whether you're guilty or not. I don't care if they take it after they prove something, but I do have a problem with taking it before then.
give me back my fishing license

I don't have a problem with them taking it. It's no different than any other search when you are under arrest.

[itsrequired]

Originally Posted by Merlin99

But you're both innocent of any crime at this point.

That may not be true! They both may be presumed innocent, but one of them are under arrest!

[Merlin99 (Premo)]

Originally Posted by justiceforall

I don't have a problem with them taking it. It's no different than any other search when you are under arrest.

From reading your other posts I wouldn't expect any other response from you.

[MMDad]

Originally Posted by justiceforall

I don't have a problem with them taking it. It's no different than any other search when you are under arrest.

If someone gets into a bar fight, do you automatically get to seize their computer? There might be evidence of other crimes there, so why not?

Same thing here. If the DNA is needed for the current investigation then it is a legit search. It's not a legit search if the DNA is being collected for the sole purpose of running through a database.

[justiceforall]

Originally Posted by MMDad

If someone gets into a bar fight, do you automatically get to seize their computer? There might be evidence of other crimes there, so why not?

Same thing here. If the DNA is needed for the current investigation then it is a legit search. It's not a legit search if the DNA is being collected for the sole purpose of running through a database.

If someone gets into a bar fight, and are charged with second degree assault, their DNA is not collected. But, if someone gets into a bar fight and kills the guy with a handgun, charged with murder, then I would arrest them. In the booking process I would fingerprint them and collect their DNA (until this assanine ruling) as part of the booking process. If their prints or DNA hit on another crime, they would be investigated for that as well.

Point is, the douche bag shouldn't have gotten into a bar fight and killed someone. (allegedly)

[Lurk]

Originally Posted by Merlin99

So why not collect every bodies DNA when you get your drivers license? It only takes 30 seconds and may solve some crime somewhere.

Why not do it in the delivery room within minutes of being born. That would clear it up for everyone. No waiting for someone to be detained, arrested, charged, convicted and incarcerated.