Should the 5th amendmant right cover DNA evidence?

[FDRrocks]

Police can't get a warrant to make you testify but they can get a warrant to draw blood from you.

It's just a random thought I had. DNA seems as if it is testifying against yourself, while still maintaing a grey area. No doubt can be cast on its usefullness, but I think the question is worth of being raise.

Does anyone know of any court cases that decided on this issue?

- FDRrocks, PWI

[JimmyJazz]

1. I am confused. Is your question about the fourth amendment:

Searches and seizures or the fifth amendment: Self incrimination. Or both?

[FDRrocks]

2. I was thinking just along the lines of the 5th amendmant

Right now DNA samples seem to follow the 4th amendment, that you can get a warrant to search it out and take it.

I think there is a blur between the two amendmants really. To clarify, though, I don't support banning the involuntary taking of DNA, I just wanted to see what people thought of ... my idea? my theory? I don't know! :)

[LibLover]

3. I suspect that any argument along those lines was covered already

back when fingerprinting first saw use by detectives.

[JimmyJazz]

4. this is the closest case I could find in the higher courts. I don't

see any Supreme Court rulings on the issue, but I don't have access to Lexis at the moment, only Google, sorry...someone else?

United States v. Kincade

In the case of United States v. Kincade, the U.S. Court of Appeals for the Ninth Circuit recently upheld the compulsory DNA profiling of certain convicted federal offenders, through mandatory blood sampling.

http://writ.news.findlaw.com/colb/20040908.html

[FDRrocks]

5. Thanks

I've enjoyed many of your threads and thanks for helping me out.

[JimmyJazz]

6. ack! many of my threads! does this mean you have seen

my ass? :7

Once in a great while, I can actually be serious. The closer it gets to the election, the sillier I get. I can't concentrate and I am terribly distracted at this point.

[FDRrocks]

7. Don't worry...

Kerry will rightfully win, and if Bush steals this election too... I think Kerry will have the backbone to call him on it and vigorously pursue charges.

Bush is toast, and I can't wait to eat him.

[JimmyJazz]

8. I hear ya - but I can't wait to actually exhale for a change...

I feel as if I've been holding my breath for some time now.

[FDRrocks]

9. Don't even get me started on the anxiety I've suffered through since * n/t