“The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence. That prohibition is categorical and without exception; it lies at the very heart of the Fourth Amendment.”
how does swabbing for dna and running it thru the dna unsolved crime database not fit this description?
when they arrested king, did they suspect him of committing the crime from six years ago?
how is swabbing for dna of a person arrested, not convicted, but arrested, disimilar from searching thousands of phone records? other than quantity, there is no difference. when a person is arrested, he is under suspicion only for the crime for which he was arrested. unless he possesses evidence of other crimes, they have no basis for a search. and running his dna was most definitely a search.
searching phone records is a way to produce suspicion, not act on it. the act of using a phone makes one no more suspicious of committing a crime than being arrested for one thing makes one suspicious of any other crime that's been committed. also, arrest itself is zero proof of crime, one must still be found guilty beyond a reasonable doubt. he was not found guilty of a felony on the initial charge.
also, as scalia asked, what is a serious crime? who will define it? is speeding a serious crime? maybe, maybe not. who chooses?
and scalia 'spilled so much ink' on it because the majority opinion was mainly based on using dna as an identification tool, which he shows is not what happened here.
i get that king is a bad guy, i am concerned about the far-reaching affects of chipping away at our fourth amendment. this ruling does that. the patriot act being used as a way to search phone and emails is another. where does it end? and it won't be just bad guys who pay.
as a man famously said after being found completely innocent after getting his name dragged thru the mud after arrest, etc 'how do i get my reputation back?' the kings of this world aren't the only ones swept up in nets like this.
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Books serve to show a man that those original thoughts of his aren't very new at all.
Abraham Lincoln
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