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June 03, 2013 06:15 AM UTC

Monday Open Thread

  • 33 Comments
  • by: Colorado Pols

"One may sometimes tell a lie, but the grimace that accompanies it tells the truth."

–Friedrich Nietzsche

Comments

33 thoughts on “Monday Open Thread

      1. I am sure that people are weeping and gnashing their tooths all over Pols land due to not being able to watch a random You Tube clip from Nockers. 

      2. Damn Nock, Dan Bongino has a pretty big man bulge too !  Talk about packing heat !  Sorry.  What I meant was, SECOND AMENDMENT FREEDOM !

  1. You shouldn't have bothered.. 

    His comment about the president being "self-anointed" pretty much tells you where this ass-clown is coming from…

  2. Upper echelon of Police Dept's are 'political appointees…'?

    So 4 dozen people with weapons that admit they are armed to off government employees, err, I mean tyrants; or thousands walking… 

     

  3. When will the protests by the teabaggers defenders of liberty against the totalitarian police state start?

    Police may take D.N.A. samples from people arrested for serious crimes, the Supreme Court ruled on Monday in a5-to-4 decision.

    That's arrested, not convicted.  Wake up assclowns fellow citizens, it's not Obama that's your enemy.

      1. Really chilling decision. Arrested still doesn't mean proven guilty of anything,serious or not, and what the heck is more invasive of our privacy than invading our bodies to extract DNA based on mere accusation? What was the majority thinking?

        1. Actually, the majority was thinking that truth matters in the justice system and I commend justice Breyer for voting with the majority.  DNA evidence has cleared innocent people, sometimes in prison or even on death row.  It has likewise convicted guilty people.  A victory for the truth is a victory for justice and while this decision will be regretted by rapists everywhere, I see no reason why innocent people should fear it.   Fingerprints can be taken without a conviction.   What's the difference with the even more definitive DNA?

          1. Nothing in the decision prohibits anyone, innocent or not, from volunteering to be entered into a DNA database.

            The difference between DNA and fingerprinting is that fingerprinting is actually used for identification–e.g., to confirm that an arrestee is not using an alias–and is done immediately after arrest.  The DNA test in question was done months after arrest, and was in no way used to determine if the arrestee was who he said he was.  It was plainly used for investigative purposes;  under prior precedent, that kind of suspicionless seizure of evidence from an arrestee was not permitted.

            1. Same with fingerprints – they are taken and entered into a national database to find other crimes where those prints were found. I'm with Voyager, it's a way of finding if someone is tied to another crime.

              1. That is not the purported purpose of fingerprinting, which is why it has escaped the scruinty being given to DNA testing.  The key is that there is a colorable argument that fingerprinting is for "identification," which is permissible.  The DNA testing was for crime-solving only, and that has (or at least did, before King) constitutional significance, since suspicionless searches and seizures were understood to be prohibited under the 4th Amendment.

                1. That's the issue. DNA is not the same as fingerprints by a long shot. Going after someone's DNA without their consent should require a warrant. This has nothing to do with people who want their DNA to be tested to prove their innocence.

          2. A fingerprint is taken to run against the national database for ID purposes. In goes the fingerprint, out comes a name, description, and a list of priors. Fingerprints solve unsolved crimes when someone working a cold case runs the print through the database of known prints.

             A DNA sample is run against the national database to solve unsolved crimes. If you put a DNA sample into the database, it doesn't come back with an ID, a description, or a list of priors – it only searches against DNA found at unsolved crime scenes.

            Completely different results and actions.

            Also, in this case the DNA evidence was used to investigate a crime for which the accused was not suspected; the police had no right to search him for that crime (IMHO and that of the minority on the Court). If an officer went in to a house with a warrant seeking evidence of counterfeiting and found trace evidence for a murder, they'd have to phone in for a separate warrant. In this case, the equivalent is that the police took everything in the apartment down to the clothing based on the original warrant and then charged the suspect for an unrelated murder based on what they found in the house. Such a case would be thrown out of court.

            And I might add, IMHO if you are never convicted your database entry – fingerprint, DNA, whatever – should be scrubbed. Keep the evidence in the case file if need be, but it comes out of searchable databases.

            The minority has it right here. Once you're convicted, you lose the expected right to privacy. But being arrested but not yet convicted you are supposed to receive the full benefit of your Constitutional rights – that's when they're designed to be strongest.

            1. What about running your booking photo against unsolved crimes? With facial recognition, that is going to start happening. Do you think that is ok?

              The fundamental thing here is do we combine disparate data to solve crimes? And if so, to what level?

              1. I'm not a fan of police using public cameras to identify for unsolved crimes, if that's what you're getting at. And if the photograph is taken simply to run against unsolved crimes databases, then I think the standard still applies.

                Simple distinction: are you doing something to ID the arrested person positively, or are you doing investigation without suspicion?

                And I think the same standards should apply with that data if the arrested person is not found guilty: it should be removed from searchable databases.

                1. Ok, how about this. There's a story about someone accused of a crime. Their picture is in the paper. Someone sees the picture and realizes that's the person who raped them. They call the police.

                  They are found innocent of the arrest that got them in the paper – should the police be able to use the call from the rape victim that was only possible because of the false accusation?

                  and if you're ok with that, it's the same thing as software matching the face.

                  1. Actually, it's not the same. In your example, a single person – a private citizen, even – did the identification. No mass search was run investigating unrelated crimes. And again, motive is a factor; the photo was originally taken to run as verification of ID, and for future ID purposes.

                    Now if the police simply made a habit of arresting people so that they could take their pictures and post them online or in the papers in mass quantity, then I (and the courts, in all likelihood) would take issue.

                    There is a distinguishable difference in purpose in the cases you continue to make up and the one involved in this case (and the ones I'm concerned about).

                    1. This (the distinction between use for validating ID and as an investigative tool), BTW, is reflected in the majority opinion, which mostly errs IMHO in its mischaracterization of how DNA technology is being applied under the Maryland law in question, in this particular case, and in general given the current state of the databases against which DNA are run.

                    2. All fair points. I disagree with you on this but I think your point of view is also legit. A lot of it comes down to is this an expanded search, or is this a more detailed identification.

                      You view it as a search. I view it as an identification. An identification that can match the ID with the ID of the perpetrator of another crime.

                  2. I think its a 'probable cause' issue and actually agree with Scalia.  So, someone who gets booked for unpaid tickets (warrent issued) should become a suspect for every unsolved rape in the nation? 

                    1. To be fair, the law they are upholding does stipulate serious crimes but the principle remains the same. If you need a warrant to search a persons home, how much more invasive is it to search through their genetic make up? 

                      Not at all comparable to photos as simple matters of ID, just as you walking down a public street can be identified without any technology by anyone observing you out in public. Finger prints are also used entirely for purposes of ID.

                      Your genetic make up is much more analogous to your medical records than to  photos or finger prints and therefore should be  protected by your basic right to privacy absent a court ordered warrant. Scalia and the three dissenting liberals were right IMHO.

                       

                    2. Apologies for the mistake.  (See, trolls, how easy that is…looking at you Guppy).  Point still stands. 

      2. Amendment IV

        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.

         

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