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Today the Supreme Court Ruled in favor of Police DNA Swab testing after making an arrest and prior to trial and conviction. As a Raleigh DWI Lawyer and Wake County Criminal Defense Attorney, I feel that an investigative device, such as this, is highly unconstitutional because it tarnishes the 4th Amendment and diminishes the privacy rights of the American people. Its reasonable that such a search would be extremely relevant in matters of serious criminal offenses. The case which determined this new ruling involved a Maryland Man in Wicomico convicted of 1st degree rape which took place in 2003. This is obviously a very uncomfortable matter and a DNA sample taking after the arrest would sufficiently provide the accurate detail to render this assailant a life sentence. However, where do you draw the line when innocent people being wrongly accused are providing DNA to further lead them down court processing where the lives would be at the hands of a judge looking at a very attractive sentencing? As a Raleigh DWI Lawyer I have seen how an idea can spread like wild fire. Where does the 4th Amendment come into play when the government has ready access to our DNA records in one giant database. One day our DNA is used to solve the criminal matter at hand and the next, using our DNA information for future experimentation and beyond. Someone seeking Raleigh Criminal Defense for a misdeameanor simple drug possession would forever have his or her DNA information, their own personal information, forever being exploited for government use. I'm not saying this is a definite, but something the American Citizens should keep in mind. A person's DNA, separated them from any other human being in society. As a DWI Attorney Raleigh I am constantly flipping the pages of documents which describe my clients physically from head to toe. Tattoo on the right arm, 6 feet in height, birth mark on the right shoulder, all physical qualities that distinguish a person and make them easily identifiable to law enforcement. Why do we need DNA? Would I be wrong is saying that this method is beyond unnecessary? The privacy we hold as citizens of the United States of America are protected through the 4th Amendment and should continue to remain protected. This notion is what the founding fathers would have intended. I firmly believe that Police DNA swabbing is a highly unconstitutional practice, even if the purpose if to increase the power of law enforcement. This Raleigh DWI Lawyer understands the pendulum for which the justice system lives by and by implementing this practice into the justice system we are severely limiting the rights of the American people. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
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