Posted on 09/14/2010 3:19:27 PM PDT by SmithL
In the first decision of its kind in the nation, an appellate court has ruled in a Sacramento case that DNA testing is a legitimate condition of release on bail for a federal defendant not yet convicted.
Before a federal felony can be charged, there must be probable cause to believe a crime has been committed, a three-judge panel of the 9th U. S. Circuit Court of Appeals noted in Tuesday's 47-page opinion.
Under those circumstances, the panel ruled, the government's interest in definitively identifying the defendant "outweighs the defendant's privacy interest in giving a DNA sample as a condition of pre-trial release."
(Excerpt) Read more at blogs.sacbee.com ...
Why? Do we remove fingerprints from AIFIS if the accused is found "not guilty" later on? No, we do not. Nor do we expunge arrest records for criminals who are found not guilty.
Everyday in America, people are arrested because LE has found a crime scene fingerprint match to a fingerprint located in AIFIS (although it's not done nearly as quickly or efficiently as it's done on CSI:Miami). That fingerprint may have found its way into AIFIS because of a criminal arrest, a government security clearance or military enlistment package, or even because of a bond issued from a private insurance company.
Why should fingerprints, as a means of identification, be treated any differently than a fingerprint or a mugshot?
Brace yourselves — Sacramento, California. Thanks SmithL.
“Having served my country they have my fingerprints. I have no problem with them having my DNA also. And I see no reason those arrested shouldn’t have their DNA collected and stored.”
Yeah well, me too but I have still have this problem with the ‘state’ treating me like a serf.
Katie’s Law - http://www.katieslaw.org/index.html
Katie, 22-year old raped, murdered and body burned in 2003... they had DNA evidence of the killer.
They caught him several years later and turned out he had been under arrest right after Katie’s murder for breaking into another woman’s home. He was released on bond and disappeared. They never knew until they caught him again after several years and finally took his DNA that he was a murderer they had been seeking. It’s unknown if he killed other women in those years he was missing.
DNA can be replicated and planted. Someday they might be able to make it from scratch according to a formula. Just think what the government could do with that if they want to frame you.
Everybody in the US military today has their DNA on file.
As does every contractor serving the US military today.
It is one of the current requirements to serve in the military or to work for the military.
Why? Partially to help identify bodies recovered after combat.... it’s quite easy to imagine that a body could be unidentifiable after being blown up.
What else is it used for? Who knows.... it’s required and it’s part of the deal, so you do it.
That turns out to not be true. First, if they are not guilty, they are not criminals, and second, if an arrest is made and then a person no-billed by a grand jury, the arrest record for that charge can be expunged.
I know someone that happened to. He was out more than $30K to defend himself and get his record cleaned up after a bad arrest during a nasty divorce.
/johnny
Why not just put a chip in your head while they’re at it?
It depends ENTIRELY on the state. However for federal expungement, is a complicated and confusing process that falls into two categories - legal expungement and equitable expungement. Legal expungement is usually only available if the a court determines that your rights of due process were somehow violated in your arrest, United States v. McMains, 540 F.2d 387, 389 (8th Cir. 1976).
Equitable expungement is much more complicated, and as of now it's not entirely settled law. Some Circuits recognize it, others do not. Depending on where you were arrested, you may or may not be able to seek (or get more precisely) arrested records expunged just for not being convicted.
My example was a state arrest. And the guy was no-billed. That's how egregious the charges were. Because what percentage gets no-billed these days? Not many.
The system has failed.
/johnny
Your dreaming, the health care bill will make DNA of everyone part of their national exter.. uh, er, health care plan.
What, a decision of sanity from the Nutty Ninth? I’m gonna have another heart attack. Hope they start a trend towards more sane decisions.
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