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To: kesg
Nor do I see a Fourth Amendment problem with building a DNA database (I question whether the Fourth Amendment even applies to this situation but even if it was a problem, the solution is to allow people to opt out.),

The law being discussed makes it mandatory for people arrested. (suspects)

It is the only thing I addressed. The fourth amendment concerns unlawful searchs and seizures.

117 posted on 04/16/2003 11:16:05 AM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children)
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To: Protagoras
The law being discussed makes it mandatory for people arrested. (suspects)

Well, if the DNA sample is taken from an arrested person because a law permits the government to do it, then by definition that's due process of law. The Fourth Amendment issue is separate -- a law that permits an unreasonable search satisfies due process but nevertheless still violates the Fourth Amendment -- but here as well Congress is entitled to determine whether such a search is reasonable in the cases of persons who are arrested. If the arrestee thinks that the search is unreasonable despite the law, he can ask a court to declare the law unconstitutional, either generally or as applied to him in the particular case. My guess is that he would lose, and deservedly so.

133 posted on 04/16/2003 11:36:24 AM PDT by kesg
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