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Old Jun 3rd, 2013, 04:27 PM   #1
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Well, the SCOTUS is sending them out

WASHINGTON (AP) — A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.


http://xfinity.comcast.net/articles/...NA-Collection/

But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.


I guess I never expected Scalia and the three women justices to be on the same side of an issue.
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Old Jun 3rd, 2013, 04:43 PM   #2
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Re: Well, the SCOTUS is sending them out

I don't know the case, but when it comes to collecting DNA I'm all for it. If you've nothing to hide and all that....
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Old Jun 3rd, 2013, 08:26 PM   #3
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Re: Well, the SCOTUS is sending them out

That is a surprising move by Scalia. But I didn't follow this case. Maybe this is an extremely narrow decision.

I don't know how it isn't an illegal search and seizure. I suppose I should read up on it. I should probably read Scalia's dissent. Even a broken clock is right twice a day?
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Old Jun 3rd, 2013, 11:13 PM   #4
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Re: Well, the SCOTUS is sending them out

Quote:
Originally Posted by HippityHop View Post
I guess I never expected Scalia and the three women justices to be on the same side of an issue.
There was a SCOTUS ruling in March that upheld a lower court ruling that police couldn't use drug-sniffing dogs outside a home without a warrant. The justices voting in the majority were Scalia, Thomas, Ginsburg, Sotomayor, and Kagan.
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Old Jun 3rd, 2013, 11:22 PM   #5
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Re: Well, the SCOTUS is sending them out

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There was a SCOTUS ruling in March that upheld a lower court ruling that police couldn't use drug-sniffing dogs outside a home without a warrant. The justices voting in the majority were Scalia, Thomas, Ginsburg, Sotomayor, and Kagan.
Interesting indeed.
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Old Jun 4th, 2013, 01:20 AM   #6
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Re: Well, the SCOTUS is sending them out

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Originally Posted by KarlyM* View Post

There was a SCOTUS ruling in March that upheld a lower court ruling that police couldn't use drug-sniffing dogs outside a home without a warrant. The justices voting in the majority were Scalia, Thomas, Ginsburg, Sotomayor, and Kagan.
The other common denominator in these 4th Amendment cases (besides Scalia going with "the girls") was Stephen Breyer voting with the conservatives.

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I guess I never expected Scalia and the three women justices to be on the same side of an issue.
Don't worry, in the Political Thread the liberal clique will still call "Tony from Queens" a racist who wants to take the vote away from black Americans.
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Old Jun 4th, 2013, 07:54 AM   #7
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Re: Well, the SCOTUS is sending them out

Scalia has always been the biggest defender of 4th amendment protections so I don't know what's so surprising here.
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