Author Topic: Supremes- DNA swab is reasonable search  (Read 301 times)

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Offline shnozzola

Supremes- DNA swab is reasonable search
« on: June 03, 2013, 07:09:52 PM »
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WASHINGTON (AP) — A sharply divided Supreme Court on Monday cleared the way for police to take a DNA swab from anyone they arrest for a serious crime, endorsing a practice now followed by more than half the states as well as the federal government.

The justices differed strikingly on how big a step that was.

"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority. The ruling backed a Maryland law allowing DNA swabbing of people arrested for serious crimes.

Interesting mix of liberal and conservative justices:

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Kennedy, who is often considered the court's swing vote, wrote the decision along with conservative-leaning Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas. They were joined by liberal-leaning Justice Stephen Breyer, while the dissenters were the conservative-leaning Scalia and liberal Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

http://xfinity.comcast.net/articles/news-general/20130603/US-Supreme-Court-DNA-Collection/

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“Today’s judgment will, to be sure, have the beneficial effect of solving more crimes,” Scalia said. “Then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the ‘identity’ of the flying public), applies for a driver’s license, or attends a public school. Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”
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Online Azdgari

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Re: Supremes- DNA swab is reasonable search
« Reply #1 on: June 03, 2013, 10:04:54 PM »
I'm sure the DNA record will be destroyed once someone is exonerated, right?

Right?
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Offline pianodwarf

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Re: Supremes- DNA swab is reasonable search
« Reply #2 on: June 04, 2013, 07:05:43 AM »
Interesting to see Scalia getting something right.  That doesn't happen very often.

I'm sure the DNA record will be destroyed once someone is exonerated, right?

Not a chance.  They're like fingerprints: once they're taken, they go into a database, and they stay there.
[On how kangaroos could have gotten back to Australia after the flood]:  Don't kangaroos skip along the surface of the water? --Kenn

Offline Jag

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Re: Supremes- DNA swab is reasonable search
« Reply #3 on: June 04, 2013, 07:29:22 AM »
^^^I was surprised by that too.
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Offline screwtape

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Re: Supremes- DNA swab is reasonable search
« Reply #4 on: June 04, 2013, 07:32:28 AM »
It seems like no matter what the split is, this SCOTUS gets every flipping decision wrong.  What was the last one they got right?  The one on Obamacare?  And they even managed to get that half wrong, striking down the mandate.

 
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Re: Supremes- DNA swab is reasonable search
« Reply #5 on: June 04, 2013, 09:19:30 AM »
Not a chance.  They're like fingerprints: once they're taken, they go into a database, and they stay there.

Figured.  The second "right?" was to indicate sarcasm.  ;)

Now for the wait until insurance companies are allowed to demand state-stored DNA records in order to assess people for likelihood of genetic disease, to charge more $ or deny coverage as appropriate...
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Offline Jag

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Re: Supremes- DNA swab is reasonable search
« Reply #6 on: June 04, 2013, 09:28:01 AM »
^^^Setting the stage for it, aren't they? I get really f'ing tired of being so cynical, but I find the timing of this a bit suspicious.
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Offline pianodwarf

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Re: Supremes- DNA swab is reasonable search
« Reply #7 on: June 04, 2013, 09:31:00 AM »
Not a chance.  They're like fingerprints: once they're taken, they go into a database, and they stay there.

Figured.  The second "right?" was to indicate sarcasm.  ;)

Ah, sorry.  Subtle nuances can be lost in cyberspace.  Especially in my case (Asperger Syndrome; missing subtlety is common for us).

I find the whole thing very troubling.  Living in the DC area, I've been fingerprinted so many times that I've lost count.  Probably at least half a dozen times just for job background checks.  I'm intensely resentful of this, but on the other hand, I also have to admit that I'd be uneasy knowing that anyone was working for an agency of the government -- particularly in potentially sensitive fields such as the one I work in -- without a reasonably thorough background check, so I grumble in silence.  The DNA thing, however, is going entirely too far.  It only applies to arrest for "major crimes" right now, but you can bet good money that it's going to trickle down.

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Now for the wait until insurance companies are allowed to demand state-stored DNA records in order to assess people for likelihood of genetic disease, to charge more $ or deny coverage as appropriate...

I'm pretty sure that insurance companies are already doing various "amusing" things with DNA.  Just one more reason we so desperately need to ditch the vampiric for-profit insurance industry and switch to some kind of single-payer system.
« Last Edit: June 04, 2013, 09:51:17 AM by pianodwarf »
[On how kangaroos could have gotten back to Australia after the flood]:  Don't kangaroos skip along the surface of the water? --Kenn

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Re: Supremes- DNA swab is reasonable search
« Reply #8 on: June 04, 2013, 09:47:27 AM »
...by the way, have you patented your DNA yet?  Guess the state gets first dibs on it!
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Offline Karl

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Re: Supremes- DNA swab is reasonable search
« Reply #9 on: June 04, 2013, 03:14:45 PM »
Actually I am about to loose my job. I do not want the Authorities to scan my retina. Unfortunately my fingerprints are already registered. Back to the bush. I reject the US Visa because it violates my right for privacy. My DNA can be harvested in a lot of places, not greedy with it, hell no.