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Obama Supports DNA Sampling Upon Arrest

By David Kravets March 10, 2010  |  6:40 pm  |  Categories: Crime, privacy

Josh Gerstein over at Politico

sent Threat Level his piece
underscoring once again
President Barack Obama is
not the civil-liberties knight in
shining armor many were
expecting.

Gerstein posts a televised

interview of Obama and John
Walsh of America’s Most
Wanted. The nation’s chief
executive extols the virtues of
mandatory DNA testing of
Americans upon arrest, even
absent charges or a
conviction. Obama said, “It’s
the right thing to do” to
“tighten the grip around folks” 
who commit crime.

When it comes to civil liberties, the Obama administration has come under fire for often mirroring his predecessor’s
practices surrounding state secrets, the Patriot Act and domestic spying. There’s also Gitmo, Jay Bybee and John
Yoo.

Now there’s DNA sampling. Obama told Walsh he supported the federal government, as well as the 18 states that
have varying laws requiring compulsory DNA sampling of individuals upon an arrest for crimes ranging from
misdemeanors to felonies. The data is lodged in state and federal databases, and has fostered as many as 200
arrests nationwide, Walsh said.

The American Civil Liberties Union claims DNA sampling is different from mandatory, upon-arrest fingerprinting that
has been standard practice in the United States for decades.

A fingerprint, the group says, reveals nothing more than a person’s identity. But much can be learned from a DNA
sample, which codes a person’s family ties, some health risks, and, according to some, can predict a propensity for
violence.

The ACLU is suing California to block its voter-approved measure requiring saliva sampling of people picked up on
felony charges. Authorities in the Golden State are allowed to conduct so-called “familial searching” — when a
genetic sample does not directly match another, authorities start investigating people with closely matched DNA in
hopes of finding leads to the perpetrator.

Do you wonder whether DNA sampling is legal?

The courts have already upheld DNA sampling of convicted felons, based on the theory that the convicted have fewer
privacy rights. The U.S. Supreme Court has held that when conducting intrusions of the body during an investigation,
the police need so-called “exigent circumstances” or a warrant. That alcohol evaporates in the blood stream is the
exigent circumstance to draw blood from a suspected drunk driver without a warrant.

Illustration: hibiotech/Flickr

See Also:

l DNA Testing Firm Goes Bankrupt; Who Gets the Data?

l ACLU Says Extracting DNA From Suspects Unconstitutional
l NY Gov Spitzer Plans to Expand DNA Database
l Scotland Yard Investigator Wants to Collect DNA from School …
l Hacker Adrian Lamo Wins, Won’t Have to Give the FBI his Blood …
l Reiser Prosecution Wobbles Under Police Forensics Gaffe — Update …

Tags: aclu, dna sampling, Obama, Politico Post Comment  |  Permalink

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Related Topics: Barack Obama,  John Walsh,  Politico.com,  Human Rights,  Social Issues,  Crime

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Posted by: LarryM701 | 03/15/10 | 2:07 pm |

DNA should be taken from everyone in the US and its territories. As soon as a baby is born the DNA should be
taken and the parents also. A DNA chip should be on your driver’s license, Social Security Card, Medical
Insurance card and any other identification cards you may have.

Posted by: pray1st | 03/15/10 | 2:37 pm |

We all should have seen his coming. One by one our constitutional rights have been taken away. George Orwell
had more insight then most people realize. When you are arrested you have certain rights, including a jury trial…
innocent until proven guilty. Well I have come up against the big brother system, and you are assumed guilty in
this nation unless you have the money for a good lawyer to convince a jury you are innocent or get a good plea
bargain. Taking DNA from a person who is arrested brings images of Nazi Germany. At least wait until you get a
conviction. But what will we do about this and other laws coming down the pike. Will we allow ourselves to be
chipped too like dogs?

Posted by: intrinsic2010 | 03/15/10 | 3:54 pm |

A friend of mine says he’s going to handle the Census form with latex gloves; he suspects someone in the
government will be collecting fingerprints and DNA to match to each address of the census form received. In older
days, I’d though him a “kook”; nowadays, . . I start to wonder if my friend might not be one step ahead of me in
wise caution.

Posted by: ACRScout | 03/15/10 | 4:17 pm |

I find this laughable. The loony Obamabots during the campaign for the last election, were singing the praises
about how great it will be when Bush is gone, Obama is in office and freedom will once again be restored. But now
we have Obama in office, and not only has he renewed the Patriot Act, but he has placed us all into economic
slavery by way of over spending and borrowing, but now he proposes that DNA be confiscated merely for being
arrested, even when such arrest may be unfounded and in some cases in violation of the law. The Repubicans
violated our Constitutional rights, but now the Democrats are outright shredding what remains of the rights of the
Constitution, but also abolishing basic human rights, that even the draconian dictatorship states of Eastern
Europe, during the reign of the USSR, did not violate.
LarryM701,
How about a chip implanted in the brain of every person so that the government may take control of your mind on
command? That would solve even more problems. But…YOU FIRST.

Posted by: GozieBoy | 03/15/10 | 4:31 pm |

This from the same guy who refuses to release his birth certificate (as required by law) or any of his school
records or other normally disclosed documents by people seeking the presidency (not to mention ELECTED
presidents…)!

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