California Court strikes down warrantless DNA compulsion from arrestees

[GunnyFreedom]

This was one of the prime issues I argued against on the floor of the NC State House. My colleagues didn't get it. Most of the State Legislatures don't get it. Most of the courts don't get it. Hell,most of the PEOPLE don't get it (look at the comments on this article, yuk)

But kudos to the Court in this case striking down the practice of compelling the collection of DNA from arrestees without a judicial warrant.

http://www.wired.com/threatlevel/2011/08/dna-arrestees/?ref=nf

The commentary, however, makes me think sometimes that these people deserve what's coming. :(

Won't stop me from fighting, however. Just because a majority want America to become the Soviet Union doesn't mean I will stand idly by and let it happen.

[BamaAla]

3-0 decision as well. That's great news!

[GunnyFreedom]

3-0 decision as well. That's great news!

I agree, it is great news. I hope it goes to SCOTUS and comes away with the same results. It'd be one helluva boost for my credibility in the NCGA for one, and for another the policy is blatantly unconstitutional and has to go.

The popular reaction, however, bothers me deeply. people are OK with the practice because it's "just like taking fingerprints." 1) Since when do two wrongs make a right? and 2) fingerprints do not require the removal of living cells from the human body -- a component of one's person by any definition, and of course:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[DamianTV]

This was one of the prime issues I argued against on the floor of the NC State House. My colleagues didn't get it. Most of the State Legislatures don't get it. Most of the courts don't get it. Hell,most of the PEOPLE don't get it (look at the comments on this article, yuk)

But kudos to the Court in this case striking down the practice of compelling the collection of DNA from arrestees without a judicial warrant.

http://www.wired.com/threatlevel/2011/08/dna-arrestees/?ref=nf

The commentary, however, makes me think sometimes that these people deserve what's coming. :(

Won't stop me from fighting, however. Just because a majority want America to become the Soviet Union doesn't mean I will stand idly by and let it happen.

This is why I believe Democracy doesnt work.

Quite a few of us that hang on this site are aware of the potential abuses of having such power, however, the same can not be said for everyone. If they have not witnessed first hand, those kinds of people have no problem surrendering more and more of their rights to the government. They truly believe it provides them with more security. It does not. Now, if it were just these people giving away their own Liberties and Freedoms, I wouldnt complain at all, but what they are doing is giving away MY Freedom and MY Liberty. They are making the decision for me, instead of expecting that I be responsible for my own actions. They dont want to be responsible for any of their actions. They demand insurance laws that require everyone drive with insurance, then they turn around and drive without insurance. Not only that, they drive drunk, or they get in accidents and leave me with the bill.

We would not have Drunk Driving Laws if people were more responsible and didnt drive drunk to begin with. You ride a horse while youre drunk, the horse is a sentient creature, although very large and not the brightest, horses are smart enough to not go full speed into the side of a house, regardless of how drunk their "Driver" (Rider) is.

We need Leadership that charges the people with being responsible for their actions by giving them the Freedom to do so. When we charge people by only holding them responsible, we create the need for Laws to begin with, which sounds very similar, but the end result is the exact opposite. Of course, this is when a lot of people demand that someone else do "something" about whatever the situation is. They want someone else to take charge. They dont want to take the personal responsiblity of living in a Free and Liberated Society.

---

Now, on the specifics of this legislature, the idea that the ACCUSED will have their DNA taken and stored on record is to say that you are GUILTY once ACCUSED, until you prove yourself INNOCENT. The court has no intentions of doing that for you. It is profitable for the Courts and the Prisons to lock you up. The Lawyers and Judges involved in your case use your case to make themselves look good, and the consequences of what happens to you be damned.

It is policies like this that build the SECOND SET OF BOOKS that the Courts follow. It is an excuse to Usurp more power for themselves. Much like Red Light Traffic Cameras. The Cameras were installed before the Laws were passed. They used our money, and obviously didnt care about what we would have to say about the Traffic Cameras, they want them because they make MONEY for their little Fear Mongering Precinct. This is what happens when you have any government that becomes too big. It becomes a self serving organization and puts us at odds with them.

The very Essence of Freedom comes from the Proper Limitation of Government.

+REP for having the Wisdom and Courage to stand up for what is Right.

[GunnyFreedom]

This is why I believe Democracy doesnt work.

Quite a few of us that hang on this site are aware of the potential abuses of having such power, however, the same can not be said for everyone. If they have not witnessed first hand, those kinds of people have no problem surrendering more and more of their rights to the government. They truly believe it provides them with more security. It does not. Now, if it were just these people giving away their own Liberties and Freedoms, I wouldnt complain at all, but what they are doing is giving away MY Freedom and MY Liberty. They are making the decision for me, instead of expecting that I be responsible for my own actions. They dont want to be responsible for any of their actions. They demand insurance laws that require everyone drive with insurance, then they turn around and drive without insurance. Not only that, they drive drunk, or they get in accidents and leave me with the bill.

We would not have Drunk Driving Laws if people were more responsible and didnt drive drunk to begin with. You ride a horse while youre drunk, the horse is a sentient creature, although very large and not the brightest, horses are smart enough to not go full speed into the side of a house, regardless of how drunk their "Driver" (Rider) is.

We need Leadership that charges the people with being responsible for their actions by giving them the Freedom to do so. When we charge people by only holding them responsible, we create the need for Laws to begin with, which sounds very similar, but the end result is the exact opposite. Of course, this is when a lot of people demand that someone else do "something" about whatever the situation is. They want someone else to take charge. They dont want to take the personal responsiblity of living in a Free and Liberated Society.

---

Now, on the specifics of this legislature, the idea that the ACCUSED will have their DNA taken and stored on record is to say that you are GUILTY once ACCUSED, until you prove yourself INNOCENT. The court has no intentions of doing that for you. It is profitable for the Courts and the Prisons to lock you up. The Lawyers and Judges involved in your case use your case to make themselves look good, and the consequences of what happens to you be damned.

It is policies like this that build the SECOND SET OF BOOKS that the Courts follow. It is an excuse to Usurp more power for themselves. Much like Red Light Traffic Cameras. The Cameras were installed before the Laws were passed. They used our money, and obviously didnt care about what we would have to say about the Traffic Cameras, they want them because they make MONEY for their little Fear Mongering Precinct.

+REP for having the Wisdom and Courage to stand up for what is Right.

Thankee sai, and you are right, the status quo establishment involved here don't give a spit about truth and justice, but in padding their own resumes. Money for industry, money for lobbies and special interests, and money for their paychecks.

That's why we have a Constitution in the first place, to protect minority parties against mob rule, so in this case it wouldn't matter if I was the only one on earth who opposed the practice - it's unconstitutional period.

the only thing that would help this particular case is if we raised a generation of children who understood the Constitution and were willing to vote to protect it.

I have said many times that electing our people as Congressmen, to the legislatures, or even the oval office is just bandaging the wound and stopping the hemorrhaging. The real long term solution is in the local school boards -- teach the kids what the Constitution means and impress upon them that the most important use of the ballot box is to fire any official that disrespects it.

That's the real long-term solution to our current crisis.

[DamianTV]

Totally agree.

And those in power know this also. I believe this is why we have a Department of Education, period. An Educated Public would be very dangerous to their ability to stay in office and abuse their powers for personal gain.

[GunnyFreedom]

Dammit, "You must spread some Reputation around before giving it to DamianTV again." I should really rep more often, i wouldn't run into that message so much

[DamianTV]

Lol! I try to keep my eye open for posts that really really deserve the +rep. Spread it around some, then come back if you feel like it.

Now, the big question, as far as Education of the Constitution, I think one solution is to get Teachers that arent interested in Socialism, but are instead in the Real History of the United States. How do we get Teachers like that to teach? Pay does have a lot to do with it, but does not guarantee anything. Where does it even start? Does it start with what the Teachers are taught, or rather are forced to teach their students, or does it have to be instilled in their core personalities to begin with?