Here we go again, following Britain down the road to total surveillance. The House passed HR 4614 which sets up a fund to hand out federal money (your money) to states if they will take (by force if necessary) a sample of DNA from anyone arrested for a particular set of crimes. That’s arrested, not charged and not convicted of anything. The DNA goes into the FBI database and who knows what happens after that.
Then there’s that pesky thing called the Constitution which has a Fourth Amendment which says:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
And there’s that Fifth Amendment, too:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
These Amendments recognize the right to be secure in your person and the right not to be compelled to be a witness against yourself. Forcibly taking your DNA violates both Amendments. But it’s only the Constitution talking and nobody cares about that; certainly not Congress, the President or the Supremes.
I can’t wait to get on the road again.
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