I DO see a problem with recording everyone’s DNA and do not believe the government is absolutely trustworthy in this matter.
I am against unreasonable search and seizure. I feel that being a convicted felon is probable cause to collect DNA identification, and many of my fellow citizens agree, and a court has yet to say it is Unconstitutional.
My question was, do you think that being a convicted felon is not probable cause for the government to collect DNA data?
Do you?
I know submitting your own DNA is not for everyone, nor am I advocating it for everyone. It was my own choice to give up my privacy in order to further a laudable goal; just as I did when I got cleared for Top Secret in service to the USAF.
From a strictly legal standpoint, no. The DNA collection laws have not been upheld on "probable cause" issues. They have centered around the 4th Amendment and rely upon the "reasonableness" doctrine.
"Under modern Supreme Court precedent, a further complicating factor is that reasonable expectation of privacy depends not only on the type of evidence gathered, but also on the status of the person from whom it is gathered. The inquiry is not simply a yes-or-no determination, but appears to include a continuum of privacy expectations. For example, in United States v. Knights, the Court held that the “condition” of probation “significantly diminished” a probationer’s reasonable expectation of privacy. This diminished privacy expectation did not completely negate the probationer’s Fourth Amendment right; however, it affected the outcome under the Court’s Fourth Amendment balancing test."
NO. See post 74
If being convicted of a felony actually meant something, then there might be a reason for DNA samples to be taken, but to make it a blanket procedure done on anyone who's convicted of a felony? No.
My question was, do you think that being a convicted felon is not probable cause for the government to collect DNA data?
Do you?
No, because being a convicted felon only means you were convicted of a crime, not necessarily guilty of committing one.
Think OJ in reverse. Think of the thousands of botched cases. All those rape cases overturned with DNA. And corruption, people planiting evidence, etc.
But it would be exploited in so many ways we haven’t thought of.
This is just a precursor to having a bar code stamped into your forehead or palm of your hand.