DNA collection from arrestees starts Tuesday in North Carolina

[JoshLowry]

http://www.citizen-times.com/article/20110131/NEWS/110131037

"The law requires a person's sample be automatically removed from the state's DNA database when the suspect is acquitted or charges are dismissed."

Still screwed up...

[Matt Collins]

"The law requires a person's sample be automatically removed from the state's DNA database when the suspect is acquitted or charges are dismissed."And if you believe that George Bush has a war to sell you

[juvanya]

So if I jaywalk in NC, I can get my DNA taken?

[BuddyRey]

I can't believe this is happening in my own home state. How could the people of North Carolina stand for this?!?! What ever happened to due process and "innocent until proven guilty"?

[Nate-ForLiberty]

two words, and they rhyme with Ben Gladly. :cool:

[james1906]

"The law requires a person's sample be automatically removed from the state's DNA database when the suspect is acquitted or charges are dismissed."

Still screwed up...

Riiiiiiiiiiight

[GunnyFreedom]

So if I jaywalk in NC, I can get my DNA taken?

No, a specific list of arrest charges are established in GS 15A Article 13.

I want to see a warrant to compel DNA.

[GunnyFreedom]

http://www.citizen-times.com/article/20110131/NEWS/110131037

"The law requires a person's sample be automatically removed from the state's DNA database when the suspect is acquitted or charges are dismissed."

Still screwed up...

how hard can it be for an Assembly agree to require a warrant to compel DNA?

[juvanya]

No, a specific list of arrest charges are established in GS 15A Article 13.

I want to see a warrant to compel DNA.

Jaywalking --> Ignoring the cop --> Public disturbance --> Arrest tiem --> Resisting Arrest? --> DNA tiem

[GunnyFreedom]

Jaywalking --> Ignoring the cop --> Public disturbance --> Arrest tiem --> Resisting Arrest? --> DNA tiem

it's bad, but it's not quite that bad. here is the text of the relevant statutes:


§ 15A‑266.3A.

(f) This section shall apply to a person arrested for violating any one of the following offenses in Chapter 14 of the General Statutes:


(1) G.S. 14‑17, First and Second Degree Murder.

(2) G.S. 14‑18, Manslaughter.

(3) Any offense in Article 7A, Rape and Other Sex Offenses.

(4) G.S. 14‑32, Felonious assault with deadly weapon with intent to kill or inflicting serious injury; G.S. 14‑32.4(a), Assault inflicting serious bodily injury; G.S. 14‑34.2, Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers; G.S. 14‑34.5, Assault with a firearm on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; G.S. 14‑34.6, Assault or affray on a firefighter, an emergency medical technician, medical responder, emergency department nurse, or emergency department physician; and G.S. 14‑34.7, Assault inflicting serious injury on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility.

(5) Any offense in Article 10, Kidnapping and Abduction, or Article 10A, Human Trafficking.

(6) G.S. 14‑51, First and second degree burglary; G.S. 14‑53, Breaking out of dwelling house burglary; G.S. 14‑54.1, Breaking or entering a place of religious worship; and G.S. 14‑57, Burglary with explosives.

(7) Any offense in Article 15, Arson.

(8) G.S. 14‑87, Armed robbery.

(9) Any offense which would require the person to register under the provisions of Article 27A of Chapter 14 of the General Statutes, Sex Offender and Public Protection Registration Programs.

(10) G.S. 14‑196.3, Cyberstalking.

(11) G.S. 14‑277.3A, Stalking.

(g) This section shall also apply to a person arrested for attempting, solicitation of another to commit, conspiracy to commit, or aiding and abetting another to commit, any of the violations included in subsection (f) of this section.

(h) The State Bureau of Investigation shall remove a person's DNA record, and destroy any DNA biological samples that may have been retained, from the State DNA Database and DNA Databank if both of the following are determined pursuant to subsection (i) of this section:


(1) As to the charge, or all charges, resulting from the arrest upon which a DNA sample is required under this section, a court or the district attorney has taken action resulting in any one of the following:


a. The charge has been dismissed.

b. The person has been acquitted of the charge.

c. The defendant is convicted of a lesser‑included misdemeanor offense that is not an offense included in subsection (f) or (g) of this section.

d. No charge was filed within the statute of limitations, if any.

e. No conviction has occurred, at least three years has passed since the date of arrest, and no active prosecution is occurring.

(2) The person's DNA record is not required to be in the State DNA Database under some other provision of law, or is not required to be in the State DNA Database based upon an offense from a different transaction or occurrence from the one which was the basis for the person's arrest.

So you don't get compelled to produce DNA on arrest unless you inflict "serious injury on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility." Still extraordinarily problematic, but without listing 'resisting arrest' the jaywalking ad ridiculum falls apart.

My position, of course, is that you need a warrant to compel DNA. I'm against the whole mess in § 15A‑266.3A. But in all fairness the section is being mischaracterized pretty badly here, and that adds nothing to our credibility as political change-agents.

ETA: f4 being particularly problematic, of course, but I'm not sure that practice would change even if it were established under warrants only. At least a human would stand in the way to help prevent broad dragnets.

[devil21]

NC should be ashamed for passing this crap. Media here is Charlotte is already posting articles celebrating this law, with no evidence to back up that it even works and completely ignoring the fact that it now makes anyone CHARGED, considered guilty until proven innocent. No way the samples are destroyed upon acquittal or dismissal. For shame NC.

[aclove]

You're in Charlotte, devil? Do I know you out in the 3-dimensional world?

[Yieu]

It is hard to imagine something more draconian and Orwellian and downright frightening than the State compelling individuals to provide DNA by force, whatever the reason. Just the phrase "DNA database" should be enough to scare any civil libertarian, if the state is compelling people to produce DNA. It may start at something that sounds reasonable, such as the worst of crimes... but it will be expanded, in time, to include much more than that.

Imagine DNA databases of babies being stolen without the consent of the parents or the child? Such a thing would consider everyone a potential criminal, rather than the presumption of innocence. Oh wait, some states already have that. Are we doomed to have everyone tracked in such a ferocious manner? Human dignity is ignored and lost by any "DNA database" which is compelled by force. It makes one feel helpless, even if it starts off as seemingly innocent. I hope it gets repealed in full, never to see the light of day again.

I hope our Glen gets the political pull do something to repeal this, as I'm sure you can see where this leads -- just another piece in the puzzle to the Ultimate Surveillance State.