{"id":4403,"date":"2010-07-07T15:15:45","date_gmt":"2010-07-07T15:10:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-07T15:10:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4403","title":{"rendered":"From NC: “DNA Sample Bill Passes Despite 4th Amendment Concerns”"},"content":{"rendered":"

DNA Sample Bill Passes Despite 4th Amendment Concerns<\/a> from Civitas Review Online:<\/p>\n

The United States Constitution was discussed on the floor of the House of Representatives yesterday with regards to HB1403<\/a>, which passed 92-23. Previously, I posted a debate between another intern and myself about the bill on the Civitas website. HB1403, entitled \u201cCollect DNA Sample on Arrest,\u201d was objected to on Fourth Amendment grounds as numerous legislators claimed that using a cheek swab to obtain DNA from individuals arrested for certain serious crimes was an \u201cunreasonable search\u201d that compromised the personal privacy of innocent people. The objection to the bill is a reasonable one, but bill supporters claim to have sufficient safeguards in the bill to ensure against privacy concerns.<\/p>\n

What was most interesting yesterday was the discussion of the Constitution. It was nice to hear legislators discuss the constitutional limits on government power. If our legislators discussed the constitutionality of all legislation \u2013 both in Raleigh and in Washington, D.C. \u2013 it\u2019s possible We The People would think more highly of them. …<\/p><\/blockquote>\n

HB1403 does not apply to all crimes–just more serious ones, and then after a showing of probable cause:<\/p>\n

This section shall apply to a person arrested for violating any one of the following offenses in Chapter 14 of the General Statutes:
\n(1) G.S. 14-17. First and Second Degree Murder.
\n(2) G.S. 14-18. Manslaughter.
\n(3) Any offense in Article 7A, Rape and Other Sex Offenses.
\n(4) Any offense in Article 10, Kidnapping and Abduction, or Article 10A, Human Trafficking.
\n(5) Any offense in Article 14, Burglary.
\n(6) Any offense which would require the person to register under the provisions of Article 27A of Chapter 14 of the General Statutes, Sex Offender and Public Protection Registration Programs.
\n(7) G.S. 14-196.3, Cyberstalking.
\n(8) G.S. 14-277.3A, Stalking<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4403","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4403","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4403"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4403\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4403"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}