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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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1 posted on 06/03/2013 5:43:43 PM PDT by South40
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To: South40

And it will be used as absolute proof of your guilt if they ever need to solve a crime.


2 posted on 06/03/2013 5:45:34 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Scalia is right. This seems like empowering government , big brother stuff. government is the problem as the IRS shows, government already has too much power and to give them more. have the Supreme court even read the Constitution?
3 posted on 06/03/2013 5:48:47 PM PDT by Democrat_media (IRS rigged election for Obama and democrats by shutting down tea party)
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To: driftdiver

15 or so years ago in my misspent youth while sitting in jail on a drunk driving conviction they asked me if I wanted to submit a DNA sample. They told me that it would potentially save me from a false conviction. I informed them that I wasn’t a rapist or murderer and they wouldn’t be needing my DNA.

The next day they asked if I wanted to be tested for HIV....


4 posted on 06/03/2013 5:49:12 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: driftdiver
Oh Goody now the IRS can have a database of our DNA to frame conservatives for crimes too. This is big brother stuff. Have you read the Constitution , supreme court?

” 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,”

5 posted on 06/03/2013 5:50:55 PM PDT by Democrat_media (IRS rigged election for Obama and democrats by shutting down tea party)
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To: driftdiver

Do cops take fingerprints when you are arrested and booked?


6 posted on 06/03/2013 5:53:41 PM PDT by vox_freedom (America is being tested as never before in its history. May God help us.)
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To: South40

Hey, come on - what about urine, blood, and stool samples!

And a pound of flesh for good measure.


7 posted on 06/03/2013 5:54:20 PM PDT by Jack Hammer (American)
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To: driftdiver
Proly~yessir, good old DNA ~ UNIQUE stuff.

As we walk along we shed DNA. It's just a matter of time and sampling will be so totally inobtrusive folks aren't even aware it's being taken.

The whole question falls over there in the same area of law as taking pictures, or an officer on his beat looking in a window and seeing a murder take place.

But all is not lost. Stealth technology is very close to allowing you to walk about the streets totally invisible to anyone! A rubber suit and breathing apparatus will allow you to protect your precious DNA legacy as well.

It's not that Scalia is right or wrong, or that the Leftwingtards on the court have evil motives ~ which they do, rather science, and applications engineering are making much of what we believe to be true totally irrelevant.

Then, there's that recent discovery that we have a FIFTH DIMENSION ~ and that's going to really screw everybody up.

8 posted on 06/03/2013 5:54:38 PM PDT by muawiyah
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To: vox_freedom

Do you trust government? The IRS or some other government agency can plant a conservative ‘s DNA for unsolved crimes.

I don’t trust government


9 posted on 06/03/2013 5:55:13 PM PDT by Democrat_media (IRS rigged election for Obama and democrats by shutting down tea party)
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To: South40

Good for Scalia. This is how justices should make decisions, take each case at a time and apply the Constitution, the Anglo-American legal tradition and common sense to it.


10 posted on 06/03/2013 5:55:18 PM PDT by River Hawk
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To: vox_freedom

Every person I ever booked got fingerprinted.


11 posted on 06/03/2013 5:56:00 PM PDT by doc1019 (There is absolutely no difference between pro-choice and pro-abortion.)
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To: South40

Being secure in your person already went out the window because of mandatory drug testing without cause and with invasive TSA screening.

This ruling is just another nail in the coffin of liberty.


12 posted on 06/03/2013 5:58:21 PM PDT by july4thfreedomfoundation (November 4, 2008 and November 6, 2012.....Two days that will live in infamy!)
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To: South40

Scalia is correct on this one. This is one major area where Republican have dropped the ball. Funny how liberals would take the libertarian view. This used to be a pillar of conservatism, not more State power.


13 posted on 06/03/2013 6:01:10 PM PDT by rsobin
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To: South40
I'll side with Scalia on this one: DNA has more than just proof of guilt or innocence of a crime - it's your whole history, your propensity for diseases, your individual characteristics, your blueprint.

If the government has your DNA, they own you - and you have lost control of what they do with it. Imagine what Hitler could have done with everyone's DNA - a lot easier to round up "nonAryans" and kill them.

I'm all for helping the cops solve crimes but handing them my whole life and that of my family isn't part of the bargain. Which Constitution was the Supreme Court reading?

14 posted on 06/03/2013 6:03:05 PM PDT by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: Democrat_media

The rare time we wish their were more liberals on the court?


15 posted on 06/03/2013 6:03:12 PM PDT by SMGFan (SMGfan is not "Sub Machine Gun" fan)
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To: South40

This is one of those rare occasions where the liberals on the court actually side with the Constitution.


16 posted on 06/03/2013 6:04:14 PM PDT by Hoodat (BENGHAZI - 4 KILLED, 2 MIA)
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To: SMGFan
Who knows what each one of these lawyers on the supreme Court are.

I think Scalia is a Republican , I know he is a conservative. Scalia is against this database of DNA.I'm a Republican but I am against government having a database of our DNA.I'm against giving the government any more powers or agencies or programs. I am for repealing laws already on the books as in Obamacare and the 1965 immigration act

I wonder how traitor Roberts voted. It has been proven that Roberts is a mole liberal right I mean Roberts approved Obamacare and if he is for this then he is exposed , a mole liberal

17 posted on 06/03/2013 6:08:45 PM PDT by Democrat_media (IRS rigged election for Obama and democrats by shutting down tea party)
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To: vox_freedom; driftdiver

Can you explain the point of your question?


18 posted on 06/03/2013 6:08:56 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: Hoodat
Scalia is not a liberal. He is a conservative. who knows what each one is? Roberts is a mole liberal as he proved when he voted for Obamacare
19 posted on 06/03/2013 6:09:51 PM PDT by Democrat_media (IRS rigged election for Obama and democrats by shutting down tea party)
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To: South40

Loathed to agree with liberals, but proud to join with Scalia. This was a bad decision.

I’m amazed that people come out of films like ‘Minority Report’ and other such autocratopic movies, and they say “wow, I would hate to live in a world like that”... then they just sigh as it happens.

We are fulfilling these cinema prophecies. Who knows what the Mengele proteges under Kathleen Scabelius could cook up in generations to come. The government has no right to my DNA unless I’m convicted of something serious. Child predators, rapists, murderers, etc. should be the only ones who waive their right to some form of genetic privacy.

Could the government bust me for some trumped up charge, take my DNA, then use it against me in the future horrors of public medicine? You bet they could, and they will.


20 posted on 06/03/2013 6:11:22 PM PDT by Viennacon
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