Thursday, June 20, 2013

SB 150 - PA Forced DNA Collection Legislation

Following the U.S. Supreme Court ruling to allow forced DNA collection of individuals not yet convicted of a crime, it seems a good time to talk about Pennsylvania's Senate Bill 150.

Pennsylvania's bill is nothing less than institutionalized fishing expeditions that circumvent the Fourth Amendment.  The bill establishes a statewide DNA database containing DNA samples of anyone arrested, charged, convicted, adjudicated delinquent, or or accepted into ARD for many crimes.

Anyone can be arrested or charged with a crime.  Anyone.  All that is necessary for an arrest is the establishment of probable cause.

This bill negates the presumption of innocence that every American should enjoy and replaces it with a presumption of guilt.  Worse, it forces the accused, but innocent individual to submit blood or maybe even tissue samples to the government for cataloging.

The U.S. Supreme Court ruling was a terrible one that many would view as enabling or empowering to exactly this type of intrusion.  Despite that ruling making it "legal" to trash the Fourth Amendment, Pennsylvania should not pass this legislation.  Innocent Pennsylvanians deserve better than to have their body or bodily fluids taken from them at gunpoint from its government.

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