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NY Governor Wants To Expand DNA Database

Posted by samzenpus on from the leave-your-swab-at-the-door dept.

crimeandpunishment writes "If Governor David Paterson has his way, New York would take DNA samples from even the lowest level of criminal, doubling the state's DNA database. He says it would help to both solve crimes and clear people who were wrongly convicted. New York would become the first state in the country to do this. Currently DNA isn't collected in most misdemeanors. The plan is getting lots of support among law enforcement, but the New York Civil Liberties Union says there are questions about privacy."

1 of 169 comments (clear)

  1. Right to remain silent by somenickname · · Score: 5, Interesting

    If I have the right to remain silent, do I also have the right to refuse giving my DNA away? IANAL but if I have the right to not speak so as to not incriminate myself, why wouldn't I also have the right to not have my blood drawn (or mucus swabbed) so as to not incriminate myself?

    I don't live in New York but, I'm often there. If an officer there wanted to take a sample of my DNA for an offense such as speeding, I'd refuse. If he persisted, I'd try to invoke Miranda Rights. If he persisted after that, I'd fight back as he tried to take the sample, recover for a few months in the hospital after he beat me senseless and then sue for police brutality. Essentially, that's what it's going to take to get this law overturned if it gets passed.