I don’t see how the 4th Amendment provision against unreasonable searches and seizures could possibly apply to taking one’s DNA by a cop on the side of the road. It’s only your genetic coding. No biggie.
So what if a state trooper can now demand you give him a swab of your DNA just because he thinks it’s a good idea?
5 members of the Supreme Court agree and thankfully that’s enough.
But there are always a few party poopers. Justice Scalia for instance seems to have a problem with us continuing to wander down the path to Brave New World-like totalitarianism.
Scalia said it “taxes the credulity of the credulous” to argue that DNA testing is simply a means of identification. It’s a way to gather evidence — and thus Maryland’s law doesn’t pass constitutional muster, he wrote.
“The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence,” Scalia said. “That prohibition is categorical and without exception; it lies at the very heart of the Fourth Amendment.”
Typical “conservative.” I mean how lame can this guy be? He actually thinks the individual is entitled to some dignity. Get with it dude. Your quaint notions of personal liberty are so uncool.
I for one welcome our new information overlords.
Well, not really. Why do we even have a Constitution at this point?