DNA and the courts, because I'm bored - Mountain Buzz
 

Go Back   Mountain Buzz > Other Chatter > The Eddy


Reply
 
Thread Tools Display Modes
 
Old 06-03-2013   #1
Old Guy in a PFD
 
Colorado Springs, Colorado
Paddling Since: 1967
Join Date: Feb 2013
Posts: 1,106
DNA and the courts, because I'm bored

So here's an interesting item from the Supreme Court;
The Supreme Court ruled in a 5-4 decision Monday that police may take a DNA swab from people arrested for crimes without first getting a warrant to do so.
"Make no mistake about it: As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason," he wrote. Scalia was joined by Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, in his dissent.
Nearly 30 states have laws allowing them to collect DNA from people who have been arrested.
The Supreme Court case involved Alonzo King, whose DNA sample was taken by Maryland police after he was arrested for assault in 2009. Police found that King's DNA sample matched DNA from a rape kit taken six years earlier from a 53-year-old woman who was raped.
The Supreme Court's majority decided that DNA testing is much like fingerprinting, which has long been considered a routine part of the arrest process because it helps authorities verify the identity of a suspected criminal.

Scalia argued that the primary purpose of the DNA swab is to find evidence of other criminal wrongdoing.
That tactic may help solve more crimes, but is an overreach of police power, he concluded.
"Solving unsolved crimes is a noble objective, but it occupies a lower place in the American pantheon of noble objectives than the protection of our people from suspicionless law-enforcement searches. The Fourth Amendment must prevail," Scalia writes.


So this case interests me. On one hand, a DNA swab hardly falls in the "invasive" category; its faster and cleaner than fingerprints and a mug shot. And, like fingerprints, matching the result against a data base is a quick and simple process, once you have the DNA mapped. So, what's the big deal?


On the other hand, the idea that my DNA has been mapped and dropped into a national data base just because I got unruly in a bar is a bit scary. Police state comes to mind..............


Help me decide about this. Did the Supreme Court screw up, or is this just Monday morning paranoia?

Schutzie is offline   Reply With Quote
Sponsored Links
Advertisement
 
Old 06-03-2013   #2
 
craven_morhead's Avatar
 
Denver, Colorado
Paddling Since: 2004
Join Date: Feb 2007
Posts: 767
Send a message via AIM to craven_morhead
In my experience, when Ginsburg and Scalia find themselves on the same side of an issue, they're generally right.
craven_morhead is offline   Reply With Quote
Old 06-03-2013   #3
 
Shit Creek, Colorado
Paddling Since: 2005
Join Date: Jul 2006
Posts: 277
They screwed up, IMAO. Like so much happening now, its not a left VS right thing. It is simply the beginnings of a police state, the "we rule you" kind of thought process. Like the tapping of AP phones, email hacking, and what ever else we havent heard about. You might think I am paranoid and you might be right, but I am probably right too.
__________________
Speak of Peace, (but carry a big gun)
powdahound76 is offline   Reply With Quote
Sponsored Links
Advertisement
 
Old 06-03-2013   #4
 
Shit Creek, Colorado
Paddling Since: 2005
Join Date: Jul 2006
Posts: 277
Craven, exactly. This dissent is split in a way SCOTUS rarely finds itself these days. more evidence that I might be right..... I keep telling everyone that, but they just dont want to listen. Maybe they are too scared to hear the truth.
__________________
Speak of Peace, (but carry a big gun)
powdahound76 is offline   Reply With Quote
Old 06-03-2013   #5
 
xena13's Avatar
 
Denver, Colorado
Paddling Since: 1996
Join Date: Mar 2007
Posts: 253
How is it different from taking fingerprints of anyone arrested? Perhaps it's just keeping up with technology.
xena13 is offline   Reply With Quote
Old 06-03-2013   #6
 
Redmond, Oregon
Paddling Since: 1973
Join Date: Jan 2013
Posts: 1,119
Quote:
Originally Posted by xena13 View Post
How is it different from taking fingerprints of anyone arrested? Perhaps it's just keeping up with technology.
Take your glasses off at the DMV for, acheem, facial recognition software.
This is really sweet.
You pay to have this done and it will, in the future, work very well with cameras in public places.

= = = == =

Eric Holder; "Are you listening?"

Of course he is.
BilloutWest is offline   Reply With Quote
Old 06-03-2013   #7
GoBro
 
glenn's Avatar
 
BZN, Montana
Paddling Since: 2008
Join Date: May 2009
Posts: 1,493
Quote:
Originally Posted by xena13 View Post
How is it different from taking fingerprints of anyone arrested? Perhaps it's just keeping up with technology.
A finger print uniquely identifies you. DNA tells a lot ABOUT you in addition to uniquely identifying you.
__________________
The sunshine walked beside her
glenn is offline   Reply With Quote
Old 06-03-2013   #8
 
xena13's Avatar
 
Denver, Colorado
Paddling Since: 1996
Join Date: Mar 2007
Posts: 253
Quote:
Originally Posted by glenn View Post
A finger print uniquely identifies you. DNA tells a lot ABOUT you in addition to uniquely identifying you.
Like what? Once you're uniquely identified, what additional information wouldn't you want them to have? I'm not necessarily disagreeing with you, I'm just trying to understand your concerns.
xena13 is offline   Reply With Quote
Old 06-03-2013   #9
GoBro
 
glenn's Avatar
 
BZN, Montana
Paddling Since: 2008
Join Date: May 2009
Posts: 1,493
Quote:
Originally Posted by xena13 View Post
Like what? Once you're uniquely identified, what additional information wouldn't you want them to have? I'm not necessarily disagreeing with you, I'm just trying to understand your concerns.
Well the fact that it includes any additional information beyond positively identifying someone is a reach beyond existing finger print precedents. DNA describes everything about you from a "nature" (nature vs. nurture) perspective. It's a massive amount of medical information about you which is otherwise protected by strict laws.
__________________
The sunshine walked beside her
glenn is offline   Reply With Quote
Old 06-03-2013   #10
 
Redmond, Oregon
Paddling Since: 1973
Join Date: Jan 2013
Posts: 1,119
Quote:
Originally Posted by xena13 View Post
Like what? Once you're uniquely identified, what additional information wouldn't you want them to have? I'm not necessarily disagreeing with you, I'm just trying to understand your concerns.
That would be potential health issues like a predisposition to a disease that disallows you insurance.
That you are the sibling of a mass murderer.
Bring up the occasional disease fighting genes that make you marketable.
Indicators of behaviors showing up in genes.

Ancestry.
Sexual orientation tendencies.
Religious brains vs scientific brains.

That you aren't your fathers kid.

Anything that the IRS could use.
BilloutWest is offline   Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Topic Thread Starter Forum Replies Last Post
I am bored. raymo The Eddy 5 11-05-2012 02:03 PM
Bored with Cataract! Any suggestions? progers Whitewater Kayaking 16 02-27-2010 09:38 PM
What to do when you are bored @ work? yourrealdad Whitewater Kayaking 10 06-04-2007 07:57 AM
OK--Little bored Gary E Whitewater Kayaking 44 07-20-2005 07:41 PM
OT - The Meatrix (if bored) rivermanryan Whitewater Kayaking 0 09-15-2004 10:39 AM

» Classified Ads
Powered by vBadvanced CMPS v3.2.3

All times are GMT -6. The time now is 05:55 PM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.