The Supreme Court of the United States has turned toxic and failed to fulfill its Constitutional duties once again … conveying enormous unconstitutional power to the government to effectively void your Fifth Amendment rights against self-incrimination. Now any police agency can obtain your DNA by simply arresting you, rightly or wrongly, and then charging you with a crime that you may have committed in the past or monitor your behavior in the future by holding a key evidentiary tool over your head to insure your compliance.
Why this is a bad law …
As you have seen on television, where art mirrors life and life may mirror art, your DNA can be surreptitiously collected in any number of ways – unlike fingerprints – and artificially placed at a crime scene. It would be as simple as leaving the residue of your hairbrush at the scene of a crime to produce almost irrefutable evidence that you may be the perpetrator of a crime that you did not commit. With the proven corruption of today’s law enforcement officials and prosecutors, this decision almost cements their extra-legal and extra-judicial actions into law.
What happened …
As reported by the Associated Press …
A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.
But the four dissenting justices said that the court was allowing a major change in police powers.
"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom. Source: My Way News - Court: Police can take DNA swabs from arrestees
The case …
After his 2009 arrest on first- and second-degree assault charges, respondent King was processed through a Wicomico County, Maryland, facility, where booking personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act). The swab was matched to an unsolved 2003 rape, and King was charged with that crime. He moved to suppress the DNA match, arguing that the Act violated the Fourth Amendment, but the Circuit Court Judge found the law constitutional. King was convicted of rape. The Maryland Court of Appeals set aside the conviction, finding unconstitutional the portions of the Act authorizing DNA collection from felony arrestees.
Held: When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
Source: United States Supreme Court Case Maryland v. King; Case No. 12–207. Argued February 26, 2013—Decided June 3, 2013
Bottom line …
As we have seen over the past few years, corrupt politicians, police officials, and prosecutors have acted egregiously to falsify or withhold exculpatory evidence from the defense in order to pursue their own personal and political agenda. In essence, your government cannot be trusted with safeguarding your Constitutional rights and today’s ruling makes it far easier to violate your Constitutional rights against self-incrimination as it allows the police to take your DNA simply by making a false arrest on trumped-up charges – possibly from a drug-addled or criminal “confidential informant” who has been promised a lighter sentence. No probable cause needed.
Think of a routine traffic stop or simply taking a picture of a police person beating a suspect -- and the charge of interfering with a police officer
But what makes it so egregious is that it is not only your DNA that is being taken – but that of your family members who could be charged with a crime using your DNA as probable cause!
The Supreme Court, once again, enlarged the police powers of the executive branch of government – without any checks and balances against potential wrongdoing.