Police can forcibly take DNA samples during arrests, judge rules

[Robbien]

Source: CNet

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 a photograph. "The court agrees that DNA sampling is analogous to taking fingerprints as part of the routine booking process upon arrest," he wrote, calling it "a law enforcement tool that is a technological progression from photographs and fingerprints."

. . .

A bill that President Bush signed in January 2006 said any federal police agency could "collect DNA samples from individuals who are arrested." Anyone who fails to cooperate is, under federal law, guilty of an additional crime.

. . .

While other courts have ruled on the constitutionality of DNA sampling after conviction, this is the first case to deal with defendants who have only been accused of a crime. (The 9th Circuit, in U.S. v. Kincade (PDF), ruled that mandatory DNA testing of violent convicted felons on supervised release was constitutional; a dissent by Judge Alex Kozinski said that same logic could lead to mandatory testing of every American citizen: "The more DNA samples are included in the database, the better off we are: More guilty parties will be found, more innocents will be cleared and more unknown crime victims will be identified...")

Read more: http://news.cnet.com/8301-13578_3-10251861-38.html

[NOW tense]

1. CO is the same now

Colorado's move this week to join 20 other states in taking DNA samples from felony suspects -- rather than just from convicted felons -- has Boulder authorities celebrating and civil liberty activists stewing.

Gov. Bill Ritter signed a bill Thursday enabling the state's law enforcement agencies to start collecting DNA just like they've been taking fingerprints for more than a century. Before the law's passage, only convicted felons had to submit DNA in Colorado. Starting Oct. 1, 2010, everyone arrested on suspicion of a felony will have to submit DNA via cheek swab.
http://www.dailycamera.com/news/2009/may/22/boulder-county-praises-questions-new-dna-law/

[Seldona]

2. The fact this is done is bad enough, but what about privacy?

Will insurance companies be able to buy DNA profiles and deny coverage accordingly? Access by the private sector to that database opens up all kinds of issues.

[Joanne98]

3. The police state moves forward

[Soylent Brice]

4. yup.

and here's one from good ol' Swamp Rat:

[annabanana]

5. So that whole "self incrimination" thing is out the window, right?

Yeah.. Nobody but criminals ever used that stupid old 5th anyway. .

[PainPerdu]

6. Where is the outrage about this?

[psychopomp]

7. Here.

But I left the country a while ago. I had been hoping to go back during the current administration but I am not sure if there will be much to go back for!!