To Swab or Not to Swab?
In the last 15 years or so, it’s been discovered that DNA — our genetic, snowflake-like profile — can be an immensely helpful tool in solving crimes. DNA is like a fingerprint, only better. We leave it everywhere: on our coffee cups, our toothbrush, hairbrush, bodily fluids, etc. If one commits a crime, an enterprising person can find that sliver of yourself and presto, case solved.
But is our DNA actually our DNA. Do we own it? Or is it something in which the government has a stake?
Of course it’s ours. My DNA belongs to me, your DNA belongs to you. You can’t take it from me without my consent or trick me into giving to you.
Our government disagrees.
Take for instance Ryan S. Smith. He was sitting handcuffed on the floor of a Niagara Falls Police Headquarters when he was tasered because he refused to give up a DNA sample.
That’s right. The cops shocked him with 50,000 volts of electricity because he wouldn’t give them what was rightfully his. The man was accused of a shooting and a gas station robbery. Was he guilty? Probably. In that case, the government should do its job and build a case against him using the law. When they have evidence, they can issue a warrant for his DNA. A warrant that must be signed by a judge.
Or take this case. A Minnesota hospital is taking the blood from newborn babies and storing it for future DNA use.
You and I are protected under the 4th Amendment from “unlawful search and seizure”, which is exactly what has happened in these cases. They can happen again and most likely will.
The government is making an argument for taking your DNA without your permission. They’ve already made the argument (and won) for taking your property without your permission — see Eminent Domain. What’s next? When do our liberties trump the “greater good”?
I don’t care if it’s your blood or your land or your money….Uncle Sam is coming for it.
