cheapbag214s
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Joined: 27 Jun 2013
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Posted: Sat 13:35, 03 Aug 2013 Post subject: The Supreme Court Sees the Future- 90-Minute DNA M |
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history there. Is a DNA sample really a part of the identification procedure? Or is it a free-form investigation of whether the person may have committed some other crime?If it's part of a "cold case" investigation, then how is it different from going to the arrested person's house and car and searching everything there for evidence of an unrelated crime? The Fourth Amendment doesn't allow a general search of arrestees' homes and cars without a warrant. Justices Elena Kagan and Sonia Sotomayor kept returning to this question.Here is where the speed of DNA sampling became relevant. Law enforcement seeks the swabs, argued Michael Dreeben,[link widoczny dla zalogowanych], who argued on behalf of the federal government, for two purposes: "crime solution and facilitating the release/custody determination." A suspect whose DNA profile matches an unsolved case would be a much greater danger if granted bail. "That argument only makes sense if we're in your future world where it's 90 minutes, right?" Roberts asked "You
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