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To: patton
patton said: That is exactly how the TX SC reacted to the CPS “we need the DNA” argument.

We may be hearing more about this. What legal justification did CPS have for taking DNA samples from all these children, given that they had insufficient legal justification for having the children in custody at all?

The answer would appear to be "none". There is nothing to stop law enforcement from obtaining the DNA of anybody at the ranch given a proper warrant to do so. The next legal step of the lawyers for the children may be to demand that the privacy of the children be protected by the surrender or the destruction of all DNA taken without justification.

I certainly wouldn't expect to have to give up DNA samples of my children without a warrant.

130 posted on 05/30/2008 9:32:55 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell

Unless there exists a specific warrant, ordering DNA tests of all the children while in custody, the DNA of the children is inadmissable in court.

Which, is another reason to fault TX in this action - CPS did do some things right. Medical exams, vaccines, DNA tests - if you dropped a baby in my house, I would do all those things as a mater of course.

Like getting a stray dog a rabies shot, once you adopt it.

Of course, since the custody was illegal - so was the rest of it.


136 posted on 05/30/2008 9:45:29 PM PDT by patton (cuiquam in sua arte credendum)
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To: William Tell
I certainly wouldn't expect to have to give up DNA samples of my children without a warrant.

There was a specific court order, from the same Judge of course, to take the DNA. It doesn't appear to be in the form of a warrant though, but I'm not up on the legal differences. At least it doesn't say it's a warrant, as those issued for search and arrest in this case do.

168 posted on 05/31/2008 3:24:32 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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