Register    Login    Forum    Search    FAQ    Contact Us  Your donations are greatly appreciated! Donate

Board index » THE NET NATION LOUNGE » [ POLITICS, WAR & RELIGION FORUM ]




Post new topic Reply to topic  [ 7 posts ] 
 
Author Message
 Post subject: Illegal Search and Seizure?
 Post Posted: Tue Feb 26, 2013 10:39 am 
NET Rookie
Offline

Joined: Mon Aug 24, 2009 7:56 am
Posts: 169
Overview: Supreme Court hearing arguments as to whether taking a sample of an arrested person's DNA is an illegal search/seizure - in violation of the 4th amendment.

http://news.msn.com/us/court-to-hear-ca ... e-arrested

I see it as an invasion - at least until someone is convicted of a felony crime. Thoughts?


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Tue Feb 26, 2013 10:47 am 
* NET Staff Alumni *
* NET Staff Alumni *
User avatar
Offline

Joined: Sun Jun 07, 2009 10:00 pm
Posts: 10256
Location: Anchorage, AK
I'm split on it. Is it really that different from taking a fingerprint? Both are used to identify suspects of crimes. Fingerprints are taken at the time of your arrest. I would likely lean towards making it only after convictions, but am truly on the fence.

As for the particular case being discussed in the article, I believe that the prosecutors screwed the pooch here. They let him plead to a lesser offense making their job easier since they had the DNA for the other crime. If they'd gotten a conviction for a felony on the first offense, then this case would have never seen the light of day.


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Tue Feb 26, 2013 11:03 am 
NET Rookie
Offline

Joined: Mon Aug 24, 2009 7:56 am
Posts: 169
I can see the other argument as well. Could probably be convinced/persuaded of the other side. Just see an issue with the "slippery slope" argument. If you're pulled over for a DUI can they swab your DNA?, minor traffic violation? I would see it as a 5th amendment issue as well - testifying against yourself.


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Tue Feb 26, 2013 12:03 pm 
* NET Developer *
User avatar
Offline

Joined: Thu Apr 30, 2009 10:46 am
Posts: 3058
Location: Battle Ground, WA
kidhawk wrote:
I'm split on it. Is it really that different from taking a fingerprint? Both are used to identify suspects of crimes. Fingerprints are taken at the time of your arrest. I would likely lean towards making it only after convictions, but am truly on the fence.

As for the particular case being discussed in the article, I believe that the prosecutors screwed the pooch here. They let him plead to a lesser offense making their job easier since they had the DNA for the other crime. If they'd gotten a conviction for a felony on the first offense, then this case would have never seen the light of day.


They can't grown your evil twin in a lab with a fingerprint! :twisted:


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Wed Feb 27, 2013 1:19 pm 
NET Rookie
Offline

Joined: Mon Aug 24, 2009 7:56 am
Posts: 169
I was thinking the constitutionalists continually ranting about the infringement on 2nd amendment rights would be all over this?


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Wed Feb 27, 2013 1:28 pm 
NET Veteran
User avatar
Offline

Joined: Wed Mar 14, 2012 10:40 am
Posts: 1701
coach78 wrote:
I was thinking the constitutionalists continually ranting about the infringement on 2nd amendment rights would be all over this?


"Constitutionalists" care about guns and homosexuals. This doesn't fit their agenda.


Top 
 Profile  
 
 Post subject: Re: Illegal Search and Seizure?
 Post Posted: Wed Feb 27, 2013 7:01 pm 
* NET Staff Alumni *
* NET Staff Alumni *
User avatar
Offline

Joined: Sun Jun 07, 2009 10:00 pm
Posts: 10256
Location: Anchorage, AK
12evanf wrote:
coach78 wrote:
I was thinking the constitutionalists continually ranting about the infringement on 2nd amendment rights would be all over this?


"Constitutionalists" care about guns and homosexuals. This doesn't fit their agenda.


There really isn't much to jump on. You have a case that is going to the supreme court because of a constitutional issue with an absolutely guilty man who will likely go scott free for his crime. Even if you think it's the right course constitutionally, you have to be at least somewhat conflicted since it will let a known scumbag walk free


Top 
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

Board index » THE NET NATION LOUNGE » [ POLITICS, WAR & RELIGION FORUM ]


Who is online

Users browsing this forum: DTexHawk and 15 guests

 
 

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Seahawks.NET is an independent fan site and not associated with the Seattle Seahawks or the NFL (National Football League).
All content within this Seahawks fan page is provided by, and for, Seattle Seahawks fans. Copyright © Seahawks.NET.