Bill forces citizens to submit DNA
Police to obtain samples for state, federal databases – without charges
filed
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Posted: February 05, 2009
11:50 pm Eastern
By Chelsea Schilling
(c) 2009 WorldNetDaily
Cheek swab
Citizens who have been arrested may be required to submit DNA samples to
authorities before being convicted of any crime – and those records would be
kept in state and federal databases.
The Washington state
Legislature<http://apps.leg.wa.gov/memberemail/Default.aspx?Chamber=H>has
introduced a measure that would require police to obtain the samples
from even suspects accused of minor crimes such as shoplifting, according to
the Seattle Times.
The proposal is part of a new movement in several states to adopt similar
measures. More than 12 states already permit police to collect samples prior
to convictions and three more are considering adding the provision.
Don Pierce, executive director of the
Washington<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>Association
of Sheriffs and Police Chiefs, told the Times he welcomes the
proposal.
"It is good technology<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>.
It solves crimes," he said. "We take fingerprints at the time of arrest,
which in many ways is a lot more intrusive."
Critics claim Washington's HB-1382, sponsored by Rep. Mark Miloscia, D-
Federal Way <http://www..markmiloscia.com/contact>, is unconstitutional
because police and jail staff would be required to keep DNA records on
adults and juveniles arrested on suspicion of a felony or gross misdemeanor.
Currently, police are required to obtain a search warrant or the suspect's
permission before collecting DNA by swabbing citizen's cheeks.
"This bill would take the next step in the use of DNA technology to help
catch individuals who have gone out and harmed people," Miloscia told the
Times.
According to the bill, authorities would remove a suspect's DNA information
if they were not charged or found guilty.
Each DNA test costs taxpayers $82, and the price tag for the plan could
reach $1 million over two years. Miloscia said Washington could look to the
federal government to recover some of those costs.
*(Story <http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>continues
below)
*
Jack King, staff
attorney<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>for
the National
Association of Criminal Defense
Lawyers<http://www.criminaljustice.org/public.nsf/freeform/publicwelcome?opendocument>in
Washington, D.C., told the Times his group has been battling
DNA-collection measures since 2004. He said requiring authorities to obtain
DNA before convicting a person would violate their constitutional
protections from unreasonable search and seizure.
"DNA samples reveal the most personal, private information about a person's
physical and mental
makeup<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>,"
King said. "It is terribly unfair to an arrestee."
Upon learning of the controversial, several readers posted the following
responses:
- This goes beyond stupid. They say that if the person isn't convicted
that they will destroy the sample. *That is a lie*. The federal
government will not destroy records simply because a state destroyed theirs.
- I don't like it one bit. There should be a warrant provided before they
take my DNA.
- What happened to *innocent* until *proven* guilty? Even if found
guilty, this is extreme for minor offenses.
- The idea is to build a national database with *everyone* in it. This is
just another step in the process. Next you will be required to provide a DNA
sample when you get your driver's license, and then they will simply take it
at birth when you apply for a birth certificate. The point of the measure is
not identification. They can already ID you. The point is to make it normal
for people to give DNA samples to the national database. After all, only
people with something to hide would object to this type of intrusion and
surveillance. Right? Everyone needs to e-mail their legislator and tell them
you do not want this or else they will just do it. This is not about
criminals.
- To the morons who say, "If you aren't a criminal don't worry about it,"
our Founding Fathers gave us a Bill of Rights that gives us freedom from
such sorts of unreasonable searches and seizures. The government has no
right to my DNA chain until I am convicted of a felony and not before. As
one of our great Founding Fathers has said, "Those who would sacrifice
liberty for security<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=88087#>deserve
neither."
- I wouldn't trust the government promising to destroy the sample. When I
joined the military, they took my fingerprints "for a security clearance
check" – and they went into the great big database with all the criminals.
Later, they took my DNA -- "so there would be no more unknown soldiers" –
and later Congress passed a law making this DNA available to any police
department that requests it. And there is no provision to request
destruction of the sample. Once you give the government an inch, it will
take a mile.
*"The strongest reason for the people to retain the right to keep and bear
arms is, as a last resort, to protect themselves against tyranny in
Government." - Thomas Jefferson *
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