Is DNA Sampling an Unreasonable Search?
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“Make no mistake about it: As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason. Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”
So opined Justice Antonin Scalia in a dissent from the bench of the U.S. Supreme Court, arguing that DNA sampling violates the Fourth Amendment’s prohibition of unreasonable searches. That was the minority opinion in the court’s 5-to-4 ruling.
What do you think?
Is DNA sampling just a 21st century version of fingerprinting, or a violation of our rights?