As I was reading the article," No Warrant Needed To Force DNA Testing," by the ,"Denver Post," I was very intrigued. First of all, I'm on both sides. I think that it's a violation of our 4th amendment because it's unlawful search and seizure. And without consent of the victim or if not a warrant from court, I don't think the police should be able to get a DNA swab just for evidence. But on the other hand, the article also argues that the detective that was taking the swab of DNA had reasonable evidence and or suspicion of the defendant. The jury came back and concluded that the, "DNA sample collection technique at issue here, although minimally invasive, is also one of those limited searches that requires only reasonable suspicion and may therefore be conducted without a warrant. If anything, the cheek swab involves much less impact on the subject than some other searches that all agree may be conducted based on mere reasonable suspicion. A cheek swab takes even less time than a pat-down or field sobriety tests and is painless. Moreover, a swab of the inside of the cheek is very limited in scope, whereas a pat-down will generally involve manual exploration of the entirety of a suspects body, including the genital areas. Finally, a swab does not carry nearly the same potential for opprobrium as pat-downs or FSTs, which will typically occur on public thoroughfares." Even though doing this is against the 4th amendment, I still believe that if I was a detective, I would look for reasonable suspicion And get a DNA sample instead of waiting for a court order witch could take up to maybe almost a month, if not more.
Thursday, October 8, 2009
What about our amendments?
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