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Chris Wysocki
Caldwell, NJ
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The cops can now take your DNA, anytime or anywhere they want. And there isn't Thing One you can do about that. Because the Supreme Court just pissed all over the Fourth Amendment.
A sharply divided Supreme Court on Monday said police can continue to take DNA from people they arrest without getting a warrant. The court's five-justice majority said DNA testing was a legitimate police arrest procedure, like fingerprinting.
"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.
Justice Scalia disagreed.
"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, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.
Just A Conservative Girl lays out the facts in the underlying case, and then extrapolates the effect of this ruling.
Doesn't those on the court understand how this can be abused? Now, it seems pretty obvious that King is indeed a rapist. I have zero sympathy for him, zero. But he isn't really the point. These cases are always about something bigger than person who brought the case. When he was arrested, there doesn't seem to be that there was evidence he was guilty of committing this rape. So why would they have right to take his DNA? The entire point of our justice system is the presumption of innocence. By automatically taking DNA swabs of every person who is arrested we have forgone that presumption and walking towards something that will no longer resemble our justice system.
Welcome to Gattaca. Please place your finger into the DNA scanner. Thank you.
Posted at 14:11 by Chris Wysocki
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