Thursday, February 21, 2008

Traffic Stop SWABS

Illegal Seizure ?
We say YES.



DAYTONA BEACH, Fla. -- Police officers in Daytona Beach are swabbing the mouths of persons of interests during traffic stops with special DNA kits in the hunt for an elusive serial killer, sources close to the investigation told Local 6.

Vice Sgt Du Jour, D. Boone asks,  "Has anybody questioned the legality of taking DNA swabs of traffic stops? Seems to be a violation of 4th amendment rights unless the persons are actually being arrested at the traffic stops or volunteering (yeah right)."

I'm not a lawyer, but I did bang a goat at a Holiday Inn last night.  I  am also an inveterate watcher of television crime shows, and they are maddening because of the incredible protections criminals are accorded.  Time and again a suspected rapist/killer must be followed in hopes that he/she will throw away a cigarette, or drink out of a cup they can snatch for the DNA tests that will prove what mounds of other evidence have already shown.  They do this because suspects have the right to refuse the testing, but abandoned DNA, like abandoned garbage, is in the public domain.  So, I have no idea how Florida is getting away with this, but I don't like it. 

1 comment:

Juice said...

Maybar I mizzed sump'n, but the article avoided stating "DNA swabs with or w/o consent." So, speaking of crime shows... I believe it was a story regarding a missing boy on American Justice, that law enforcement set up vehicle search stops that were "voluntary" (w/o warrant) in efforts to find the child. Accordingly, good folks agreed, but to no avail. The boys body was found later that evening.

But even voluntarily, when one objects, it would infer some form of guilt. So, in the end, it's a violation of personal freedom. How much are we to give up for the "common good" and where does it end?

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