4 ms·

The difference between shedding of hair and skin and throwing away paper is a question of intention and ability. I could choose to take more care with the paper

The difference between shedding of hair and skin and throwing away paper is a question of intention and ability. I could choose to take more care with the paper, but avoiding shedding any DNA is basically impossible. Compare it with new x-ray/radar/EM techniques police can use to eavesdrop from miles away or even view you through walls, or read what you're typing or viewing on your various screens--there's basically no way to avoid transmitting such information into the world. Should police be able to gather it without going to a judge?

snowwrestler 12y ago
You can't help revealing your whereabouts in public places by reflecting photons off your face or your license plate, and it is legal for police to photograph and record you in a public place without going to a judge.
- JoeAltmaier 12y ago
  Right; but dna reveals more than who you are. It reveals details of your health, abilities and heredity. That can be considered more personal/private than just your name and address. Personally I regard the issue as moot; dna identification is here and not going away.
- copsarebastards 12y ago
  Right, but there's no expectation of privacy in those cases.[1] https://en.wikipedia.org/wiki/Expectation_of_privacy https://en.wikipedia.org/wiki/Expectation_of_privacy
  - hurin 12y ago
    I'm not saying you are wrong as to the law, but if such a reasonable expectation does not exist then it's permissible for arbitrary third parties to analyze DNA from i.e. a discarded strand of hair - not only law enforcement.
Natsu 12y ago
Under this standard, would police be allowed to explore the private (?) hair, DNA, etc. evidence left behind at crime scenes? I don't really like the idea of tricking someone into giving a DNA sample, but I'm pretty sure it's been upheld before (they searched someone's garbage, IIRC) and this wasn't a massive dragnet, it was a trap to get DNA from one person who they must have suspected rather strongly given how they trapped them.
- voxic11 12y ago
  No under this standard they can collect at crime scenes so long as they have a warrant to do so. They would be prohibited only from doing searches without a valid warrant meaning the warrant must be reasonable, specific, and signed by a judge. Searching a crime scene is both reasonable and specific, and getting a warrant is easier then ever today with most states adopting electronic warrant systems.

snowwrestler 12y ago

You can't help revealing your whereabouts in public places by reflecting photons off your face or your license plate, and it is legal for police to photograph and record you in a public place without going to a judge.

JoeAltmaier 12y ago
Right; but dna reveals more than who you are. It reveals details of your health, abilities and heredity. That can be considered more personal/private than just your name and address. Personally I regard the issue as moot; dna identification is here and not going away.
copsarebastards 12y ago
Right, but there's no expectation of privacy in those cases.[1] https://en.wikipedia.org/wiki/Expectation_of_privacy https://en.wikipedia.org/wiki/Expectation_of_privacy
- hurin 12y ago
  I'm not saying you are wrong as to the law, but if such a reasonable expectation does not exist then it's permissible for arbitrary third parties to analyze DNA from i.e. a discarded strand of hair - not only law enforcement.

Natsu 12y ago

Under this standard, would police be allowed to explore the private (?) hair, DNA, etc. evidence left behind at crime scenes? I don't really like the idea of tricking someone into giving a DNA sample, but I'm pretty sure it's been upheld before (they searched someone's garbage, IIRC) and this wasn't a massive dragnet, it was a trap to get DNA from one person who they must have suspected rather strongly given how they trapped them.

voxic11 12y ago
No under this standard they can collect at crime scenes so long as they have a warrant to do so. They would be prohibited only from doing searches without a valid warrant meaning the warrant must be reasonable, specific, and signed by a judge. Searching a crime scene is both reasonable and specific, and getting a warrant is easier then ever today with most states adopting electronic warrant systems.