[SmithL]

Callahan, Consuelo Maria

Born 1950 in Palo Alto, CA

Federal Judicial Service:
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by George W. Bush on February 12, 2003, to a seat vacated by Ferdinand F. Fernandez; Confirmed by the Senate on May 22, 2003, and received commission on May 28, 2003.

Education:
Stanford University, A.B., 1972
McGeorge School of Law, University of the Pacific, J.D., 1975

Professional Career:
Deputy city attorney, Stockton, California, 1975-1976
Deputy district attorney, San Joaquin County, California, 1976-1982
Supervisory district attorney, San Joaquin County, California, 1982-1986
Court commissioner, Municipal Court, Stockton, California, 1986-1992
Judge, San Joaquin County Superior Court, California, 1992-1996
Associate justice, Third District Court of Appeal, California, 1996-2003

Race or Ethnicity: Hispanic

Gender: Female

[Sacajaweau]

I think wrong where a physical crime is not involved.

[Drango]

Why not? A DNA test is much like a finger print. People arrested get finger printed...they should have their DNA tested also.

[Myrddin]

Is that a violation of the 5th amendment protections against self incrimination? If the state forces a sample of DNA, I see that as a violation. If the suspect offers a sample as exculpatory evidence, I wouldn't have a problem. The latter instance would be a voluntary waiver of 5th amendment protection.

[Pablo64]

So, if you're not convicted or are acquitted, or they drop the charges, will they then destroy the DNA sample (which would be like giving you your bail money back)???

Yeah, I didn't think so....

[Mad Dawgg]

My problem with the government taking DNA is the same problem I have with the Government taking fingerprints. They digitally store the info. That means if the government wants to mess with you they can just switch your digital DNA or Fingerprints for "crime scene" samples and then arrest you.

Yeah physically your fingerprints or DNA didn't change but with a "bureaucratic mix-up" or computer glitch they can get a warrant to arrest anyone for anything.

Further if they store physical samples of your DNA then they can plant it at a crime scene and then have a fairly good case against you.

Granted they are supposed to use more than just DNA evidence and such BUT my worry is eventually the Justice System will start relying on DNA as the final word. That worries me greatly!

[lowtaxsmallgov]

1984 George Orwell.

[OrangeHoof]

But don’t you DARE ask them their immigration status...

[SunkenCiv]

Brace yourselves — Sacramento, California. Thanks SmithL.

[Tamzee]

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.

[Revel]

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.

[MadMax, the Grinning Reaper]

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.