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Probation question
- Thread starter bobseger
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role model
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DNA is a gum swab in your mouth for convicted felons only.
I suppose your PO could make you piss also while your there.
My PO told me it was a finger prick test now. I did a quick google search and found an article from November 07 that said a federal judge ruled them doing this unconstitutional. At least for people on probation. Here is the article. Tell me what you think
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Federal judge rejects law forcing DNA testing for felons
United States District Court, Eastern District of California
The Associated Press
SACRAMENTO, Calif. (November 7, 12:23 p.m. AST) - A federal judge declared unconstitutional a law requiring felons on federal probation to submit to DNA testing.
The ruling involves the DNA Analysis Backlog Elimination Act, signed by President Clinton in 2000, which mandates DNA samples be taken from anyone convicted of violent offenses such as homicide, sex crimes, kidnapping or robbery.
U.S. District Judge William Shubb ruled last week that forcing offenders on probation to give blood to a national DNA databank violates the Fourth Amendment's prohibition against unreasonable searches.
"Because the act authorizes suspicionless searches primarily for general law enforcement purposes, it is unconstitutional," Shubb wrote.
The ruling does not affect the collecting of DNA samples from prisoners.
The government has not decided whether to appeal, U.S. Attorney John Vincent said.
The law was challenged by Danny Miles, who was on supervised release after his conviction for being a felon in possession of a firearm. Miles refused to submit to a DNA test.
All states and the District of Columbia have established DNA databases, which are linked by a national computer system maintained by the FBI.
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Federal judge rejects law forcing DNA testing for felons
United States District Court, Eastern District of California
The Associated Press
SACRAMENTO, Calif. (November 7, 12:23 p.m. AST) - A federal judge declared unconstitutional a law requiring felons on federal probation to submit to DNA testing.
The ruling involves the DNA Analysis Backlog Elimination Act, signed by President Clinton in 2000, which mandates DNA samples be taken from anyone convicted of violent offenses such as homicide, sex crimes, kidnapping or robbery.
U.S. District Judge William Shubb ruled last week that forcing offenders on probation to give blood to a national DNA databank violates the Fourth Amendment's prohibition against unreasonable searches.
"Because the act authorizes suspicionless searches primarily for general law enforcement purposes, it is unconstitutional," Shubb wrote.
The ruling does not affect the collecting of DNA samples from prisoners.
The government has not decided whether to appeal, U.S. Attorney John Vincent said.
The law was challenged by Danny Miles, who was on supervised release after his conviction for being a felon in possession of a firearm. Miles refused to submit to a DNA test.
All states and the District of Columbia have established DNA databases, which are linked by a national computer system maintained by the FBI.
role model
New Member
Seems its only for violent offenses unless your a prisoner.
Doesn't seem you fit either.
I was a prisoner when mine was taken.
Doesn't seem you fit either.
I was a prisoner when mine was taken.
role model
New Member
Didn't you have an attorney? This would be a question for him.
Personally I could care less if they have my DNA, I never committed a homicide, sex crimes, kidnapping or robbery.
II haven't done any of those things either. 'm just saying all things being equal, I would rather not be in a database. I am not too trusting of big brother nowadays.
As crazy as this sounds, I have a sneaking suspicion that what I tell my attorney gets back to my family, specifically one of my parents. I know this isn't legal but how the hell do you prove it.
As crazy as this sounds, I have a sneaking suspicion that what I tell my attorney gets back to my family, specifically one of my parents. I know this isn't legal but how the hell do you prove it.
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