Posted on 06/04/2009 4:42:35 PM PDT by metmom
LOCKPORT — It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,” a county judge has ruled in the first case of its kind in New York State, and possibly the nation.
Niagara County Judge Sara Sheldon Sperrazza decided that the DNA sample obtained Sept. 29 from Ryan S. Smith of Niagara Falls — which ties him to a shooting and a gas station robbery— is legally valid and can be used at his trial.
(Excerpt) Read more at buffalonews.com ...
So they have the right to FORCE a DNA sample from you? Couldn't this fall under Miranda rights?
ping
5th Amendment and Miranda. Goodbye Freedom.
Tortured for evidence!
I thought that they couldn't compel a DNA sample without a court order. I guess I was wrong.
ping
My bad. I shouldn’t have read it so quickly. They did get a court order, twice. He voluntarily gave the first one, but that sample was compromised. So, they got another court order and when he resisted, they forcibly took a sample.
I thought of the Fifth as well.
Actually, under this ruling, they have a right to torture you via the introduction of high voltage into your body, without any compelling safety reason, to obtain DNA.
This is absolutely frightful!
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This is just plain stupid. We leave little bits of us all over the place. All they have to do is put him in lock up for a night, give him a clean pillow and blanket, and the next day collect whatever little hairs and dandruff he sheds overnight.
This is a case of excessive force, unwarranted force, and police brutality. If he refused to give a DNA sample then the DA’s office should’ve been called to consult. If a subpoena or warrant for the DNA had been issued and he still declined to give his DNA voluntarily, then he’s just added contempt of court to his list of charges. And again, unless he’s struggling while in custody and threatens the officers restraining him with bodily harm, using a taser is wrong. Doesn’t mean a safety minded officer shouldn’t already have his taser out just in case the prisoner got rowdy and asked for it though... That would be different.
When I first read the headline, I thought the police shot the guy with a taser and then got his DNA from the prongs when they pulled them out.
Although I don't think the Supreme court has ruled definitively, other courts generally hold that DNA isn't covered by the 5th, but is covered by the 4th. This prosecutor and the police had a signed court order. They were just enforcing the court's order, albeit in an unconventional way.
I have to agree. I think the police are within their right to forcefully take or collect, if necessary any evidence that's covered in a lawful court order. In this case, it was. However, there is some inherent risk involved when Tasering someone. This man could have had an undiagnosed heart condition, and this could have killed him. It was a search warrant they had, not a death warrant.
The police, and now the court have shown poor judgment in this case, JMHO.
Thanks, I haven’t read it yet. I’m wondering if it will screw up specimen collection.
If its court ordered its court ordered but using an electronic stun to gather evidence is unusual punishment which is also unlawful. A Taser was invented to be a non lethal WEAPON to subdue suspects that otherwise could be shot.
Yeah, I agree with you. In post #14, I said as much.
This was certainly cruel and unusual punishment, IMHO, not to mention reckless and potentially fatal. I'm surprised that this case made it this far and it hasn't been very well publicized. You might think that this guy might have some ground for a civil suit.
I hate to side with the criminal, but in this case I don't see any alternative.
When its a criminal state, its natural for conservatives to side with the police side, until it becomes a police state and this sort of thing gets out of hand. JMO.
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