Is DNA taken after arrest constitutional?

[Jess]

Some people believe that getting your DNA taken after you are arrested is a violation of the Fourth Amendment.

What do you think? Does it violate the Fourth Amendment? Is it unconstitutional?


I think it doesn't...well if you KNOW you're innocent, you won't reject to someone taking a swab from your mouth right? Because then you will be proven innocent. And don't you think that if someone doesn't want this, they're probably guilty? I don't know, that's just my opinion :S

[suza23]

I don't think its unconstitutional.

Nice to see someone Pro-Choice also lol :) (couldn't think of anything else to write)

[Perseus]

Some people believe that getting your DNA taken after you are arrested is a violation of the Fourth Amendment.

What do you think? Does it violate the Fourth Amendment? Is it unconstitutional?


I think it doesn't...well if you KNOW you're innocent, you won't reject to someone taking a swab from your mouth right? Because then you will be proven innocent. And don't you think that if someone doesn't want this, they're probably guilty? I don't know, that's just my opinion :S

Since you've been arrested under probable cause, they can do this since they have probable cause. And just because you're innocent doesn't mean you don't think it is violating your rights. If you believe it is a violation, it doesn't matter if you know you're innocent or not. I can't think of an example, but I'm sure someone could.

[Jess]

Yeah I guess so...but...*tries to think of an argument*

[Korashk]

It could possibly violate the fifth amendment. Although, that might only apply to being a witness against yourself.

[Ender]

I believe you are only required to provide a DNA sample for a felony, or federal crime.

[Jess]

@Ender -- yes I agree.

[Wicked_Syn]

Well, I think it takes some deep thinking. But in my opinion, when it comes down to it, It is in violation because we're human, we all make mistakes in life. Some make more severe mistakes than others, and we learn from it and never do it again. So why should we have a stamp on our heads saying that we did so and so, that can wreck possible jobs and futures and what not.

(I know, I make no sense, I have a hard time explaining myself lol)

[Amnesiac]

Well, I think it takes some deep thinking. But in my opinion, when it comes down to it, It is in violation because we're human, we all make mistakes in life. Some make more severe mistakes than others, and we learn from it and never do it again. So why should we have a stamp on our heads saying that we did so and so, that can wreck possible jobs and futures and what not.

(I know, I make no sense, I have a hard time explaining myself lol)

Not at all. You can't just assume everyone "learns from their mistakes," or that all crimes are 'mistakes' in the first place – in fact, most crimes aren't mistakes at all. Felons and other violent criminals should most definitely have a DNA sample taken upon arrest – by committing those acts in the first place, they've relinquished most of their constitutional rights.

You shouldn't be made to give up such information for a misdemeanor or victimless crime (like smoking pot).

[The Dark Lord]

Well, I think it takes some deep thinking. But in my opinion, when it comes down to it, It is in violation because we're human, we all make mistakes in life. Some make more severe mistakes than others, and we learn from it and never do it again. So why should we have a stamp on our heads saying that we did so and so, that can wreck possible jobs and futures and what not.

(I know, I make no sense, I have a hard time explaining myself lol)

That's complete rubbish, if people learned from their mistakes, the human race would have died out years ago.

[Skeptical Bear]

Some people take their privacy really seriously and don't care if they're innocent or not so they'll refuse getting DNA taken unless that person has documentation stating they have permission to take it. This sounds kind of similar but anyway in Facebook, I know many people who "block" everyone from seeing certain photos that they uploaded and only people they gave permission to, can see it. It sounds "retarded" but if you think a bit more into it, maybe you can see what I'm saying. I can understand why they think it's violating the 4th amendment but I would just let them take DNA from me to prevent any more trouble from arousing.

[Sith Lord 13]

Crazy idea: Take it, and if they're innocent expunge it from the system.

[scuba steve]

That's complete rubbish, if people learned from their mistakes, the human race would have died out years ago.

Does that even make sense? Isn't learning from our mistakes typically a factor of what lets us progress in life?