Happy New Year, spit here

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coati

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Dec 25, 2002
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Northern Virginia
My state, Virginia, is breaking new ground today.

Under a law passed last year, a saliva or tissue sample is to be taken from anyone arrested and charged with such crimes as murder, rape and assault. The DNA profiles of those arrested will be entered into the state's DNA database -- along with the profiles of convicted felons -- for comparison with evidence gathered at crime scenes. If the person is acquitted or the charge is dismissed by a judge, the data will be expunged.

from the Washington Post 1/1/2003.

It's my understanding that in the unlikely event that I need to shoot someone to protect myself, it is almost certain that I will be arrested and charged with a violent felony, pending outcome of an investigation. Fair enough--I don't want to shoot someone, but those are the consequences.

So, Virginia will have my DNA sample. And if I'm acquitted, the "data will be expunged." Just like all those background checks from my firearms purchases.
 
The Supreme Court looks to the intrusiveness to see whether a test is unconstitutional. To get a hair sample or finger prints isn't intrusive. Don't think the spit test is either. Keeping the data is what scares me. Are they really going to expunge it or keep it long enough to compare with "unsolved" mysteries?
 
I saw a report this morning about something similar in Louisiana. The police looking for that serial killer have "requested" that hundreds of men provide saliva samples. The proponents gave the typical "Well if you've got nothing to hide, then I don't see why you would refuse."

Actually that is worse than the Virginia law (not that the Va. law is good). At least in Virginia you need to get arrested.
 
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