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In dissent, Scalia joins with court’s liberals to blast police DNA testing without warrant
Yahoo News ^ | 6/3/2013 | Kiz Goodwin

Posted on 06/03/2013 5:43:43 PM PDT by South40

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. In an unusual twist, the court's conservative firebrand, Antonin Scalia, joined three of his liberal colleagues in a scathing dissent that warns the court's decision paves the way for the creation of an invasive police state.

Scalia called the decision's scope "vast" and "scary," and said the DNA collection is an unequivocal violation of Americans' Fourth Amendment right to be free from "unreasonable searches and seizures" of their bodies and homes.

"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.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: arrest; dnaswab; dnatest; fingerprints; govtabuse; scalia; scotus; scotusdna; tyranny
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To: DoughtyOne

You are reading words without understanding them. HUMANITY is not the same as species.


121 posted on 06/05/2013 11:30:25 AM PDT by muawiyah
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To: DoughtyOne

BTW, God has a hook into your soul. It’s up to you whether or not he reels that soul in, or just let’s it fall into Perdition.


122 posted on 06/05/2013 11:32:02 AM PDT by muawiyah
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To: muawiyah

I’m not the person trying to make the case that we do not own the rights to our own genes, so please don’t try to lecture me on my comprehension or skills related to understanding.


123 posted on 06/05/2013 11:34:21 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: ChildOfThe60s

Please explain why this is different from fingerprinting someone.


124 posted on 06/05/2013 11:35:00 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: DoughtyOne

Frankly I don’t want Humana, ADM or Monsanto claiming rights to them either.


125 posted on 06/05/2013 11:35:41 AM PDT by muawiyah
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To: muawiyah

I’m not going to move off onto another subject with you.

My comments were related to this topic. Yours are not.


126 posted on 06/05/2013 11:36:18 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: muawiyah

Then you have wasted an awful lot of time arguing their case for it.

Using words like humanity or species don’t somehow validate what you’ve been trying to peddle here.


127 posted on 06/05/2013 11:38:26 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: newheart

In what sense is a person who has been arrested “secure in their persons”?

Has anyone commenting actually READ the decision, or know what is at issue?

“Held: When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing,a legitimate police booking procedure that is reasonable under the Fourth Amendment.”

http://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf


128 posted on 06/05/2013 11:41:04 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: muawiyah

Humana, ADM, and Monsanto have come up with their own genetic product. I’m okay with that. I suggest they sell it at a premium, and quit trying to deny people the right to use it as long as they have paid for it. That being said, folks have a right to buy or not buy it, after considering the parameters.

I would rather not use it, if there is so much down side to doing it.

If I have a gene that provides a benefit to others, it’s up to me how I want to release it, if in fact I want to at all. I own it. You don’t. The human race doesn’t own it. There is not some over-riding right that the human race has to my body. If there is value to something inside me, it’s my right to determine I will never sign off on release of it. It’s not some other human’s right to tell me I will or else.


129 posted on 06/05/2013 11:45:21 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: muawiyah

I don’t believe this post was on target. I should address it.

http://www.freerepublic.com/focus/news/3026920/posts?page=127#127

I was wrong to state that you had been arguing their case, because you have actually been arguing something against their concept of rights as they see them. But you have been arguing something different when you have addressed me. It was that difference that I keyed in on to say you had been arguing their case, when that wasn’t true at all, and I need to be frank about that.

What I am born with, is not something I engineered.

What Monsanto (for example) is selling is something they did engineer.

Arguing I shouldn’t think of my genes as my own is wrong. I’m not seeking to claim the rights to every gene in the world that exists in the body of another person. In that you are correct. I should not be able to patent my own genes to the exclusion to the rights of anyone else if they have a copy inside themselves naturally.

What I am stating is that if my body does hold one particular gene that has a trait others don’t have, and they would like access to that different gene, then the aspects of access should be determined by me, not some government agency (or any other entity) who demands access.

I believe we are all different. I believe that we do have near uniformity. I also believe that some of use have traits that few others have. And I believe those traits inherent in the genetic anomalies should be proprietary.


130 posted on 06/05/2013 12:07:11 PM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: DoughtyOne

We are coming to a time where an individual with an advantageous gene would be wise to keep quiet about it lest they flense him and decant his genome in its entirety.


131 posted on 06/05/2013 1:16:00 PM PDT by muawiyah
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To: muawiyah

How much blood would it take to do a full genetic profile?

It wouldn’t take that much would it?


132 posted on 06/05/2013 1:21:24 PM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: DoughtyOne

Depends on how much they want ~


133 posted on 06/05/2013 1:25:30 PM PDT by muawiyah
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To: Mr Rogers

Fingerprinting good only for identifying an individual and his past presence at a physical location or contact with an object.

DNA goes 100 times farther than that regarding personal information on the individual. The least intrusive aspect of DNA is simple identification of a person as in the manner of finger prints.

Other than identifying me as being at the scene of, or committing a crime, all the other info provided by DNA is none of the government’s damn business and will be used by the government to exercise control over me.


134 posted on 06/05/2013 6:08:10 PM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there)
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To: ChildOfThe60s

No, the database will be used for identification. They will not keep some huge sample and replicate your DNA and sell it or create new beings.


135 posted on 06/05/2013 8:07:14 PM PDT by Mr Rogers (Liberals are like locusts...)
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