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Thread: Court: Police can take DNA swabs from arrestees

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by mak2 View Post
    Grab bag babies? I dont know, this sounds like paranoia to me.
    Paranoia? They are taking the fingerprints of children. I'm sorry, but that is the child's property and they did not consent for it to be taken.

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by mak2 View Post
    Because you would be smart enough to know they could be eaisly switched or the babies mixed up.
    Really? You think it's easy to remove those hospital wrist bands while the infants are all kept is a nursery visible to many people?
    There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences.
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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Henrin View Post
    Ok, so what is the solution besides taking their fingerprints, which the state nor the hospital has a right towards.
    I don't have a problem with it if the parents give their permission. Heck my children and grandchildren all had theirs taken.
    There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences.
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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Henrin View Post
    No, rights are not trade offs.
    Rights, as paper theory, are not trade offs. Life, as practical reality, is.


    Quote Originally Posted by Heebie Jeebie View Post
    They tell you it is to avoid mix-ups and giving the wrong baby to the wrong person. I would think there are other ways to insure that but what do I know.
    At one time I advocated DNA collection at birth from all kids, mothers, and fathers. My reason was for determining paternity (including mothers also to be "fair and equal"), as many so-called family courts liked to stick child support payments on anyone listed as the father on a birth certificate.

    Please note the beginning words in that paragraph: "At one time..."
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Heebie Jeebie View Post
    I don't have a problem with it if the parents give their permission. Heck my children and grandchildren all had theirs taken.
    It is not for the parents to give away. It is the child's fingerprints which is a part of their body and it is their right to keep private if that is what they desire. Since they can not make that decision the proper course of action is to keep it private.

  6. #156
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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by radcen View Post
    At one time I advocated DNA collection at birth from all kids, mothers, and fathers. My reason was for determining paternity (including mothers also to be "fair and equal"), as many so-called family courts liked to stick child support payments on anyone listed as the father on a birth certificate.

    Please note the beginning words in that paragraph: "At one time..."
    I can see where they may be an argument there but to say, like many hospitals do, finger or footprints prevent mix ups is ridiculous. It's not like the nurse scans the infants prints before they leave the nursery to bring the child to your room.
    There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences.
    P. J. O'Rourke

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Henrin View Post
    It is not for the parents to give away. It is the child's fingerprints which is a part of their body and it is their right to keep private if that is what they desire.
    No a parent is allowed to speak for the infant. The print they take is not part of their body any more than a photograph is part of their body. It's not like they cut the tip off that part of the body and keep it on file!
    There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences.
    P. J. O'Rourke

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Heebie Jeebie View Post
    No a parent is allowed to speak for the infant. The print they take is not part of their body any more than a photograph is part of their body. It's not like they cut the tip off that part of the body and keep it on file!
    It is unique to that individual and has almost nothing in common with a photo that anyone can pick up such information about you by simply looking at you.

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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Henrin View Post
    It is unique to that individual and has almost nothing in common with a photo that anyone can pick up such information about you by simply looking at you.
    You mean my big old nose isn't unique to me? Well that's a relief
    There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences.
    P. J. O'Rourke

  10. #160
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    Re: Court: Police can take DNA swabs from arrestees

    Quote Originally Posted by Visbek View Post
    Because it's significantly more effective than fingerprints.
    It also tells the government everything about your biological makeup. Your strengths, your weaknesses, some of your behaviors, what drugs work well on you, what ones could kill you, etc. It's not the same as fingerprints. It contains very private information.

    Quote Originally Posted by Visbek View Post
    Oh, and let's not forget that it's frequently used to clear people of charges. If DNA is collected at the time of arrest, it could result in exonerating innocent people much earlier in the process.
    If people are innocent then let them volunteer their DNA willingly.

    The State's job is to prove guilt, not innocence. Proving innocence is your job if you're arrested. "Anything you say and do can be used against you." There is no law requiring police to work for your benefit.

    Lawyers should be able to fight against the obtaining of DNA just like anything else. It's part of the defense process. It errs on the side of the rights and liberties of the individual.

    Quote Originally Posted by Visbek View Post
    If you're arrested for a serious felony, yes. That is what has changed.
    If you want a suspect's DNA, get a subpoena or warrant. Their DNA is their personal property.

    Quote Originally Posted by Visbek View Post
    Requiring a warrant before collecting DNA doesn't have any effect on this at all.
    Yes it does... it protects people's 4th Amendment rights against unreasonable search and seizure of their personal property.

    It's easy to accuse anyone of a felony in this day and age. There are so many laws on the books. The SCOTUS ruling means that all the police have to do is accuse you, and they can take your DNA. This is wrong.

    If they want your DNA, then they can prove how the DNA would be of use to police, and have enough suspicion to establish probable cause to get the warrant.

    Quote Originally Posted by Visbek View Post
    And any defense attorney has the power to question the credibility of DNA evidence in court.
    Due process does and always should begin before court.
    Last edited by Northern Light; 06-04-13 at 05:01 PM.

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