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Mich. Senate OKs DNA samples from suspects

 
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Dr. Detroit
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Joined: 07 Jan 2004
Posts: 227

PostPosted: Thu Dec 11, 2008 3:07 am    Post subject: Mich. Senate OKs DNA samples from suspects Reply with quote

I am not a fan of this.
Hard to imagine this would pass SCOTUS review.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20081210/METRO/812100482

Associated Press
LANSING -- The Michigan Senate has voted to require anyone arrested for a violent crime to submit a DNA sample.

State law already requires a DNA sample when someone is convicted of a felony or certain misdemeanors.

Supporters say expanding the requirement to include arrested suspects would help police solve cold cases, prevent more crimes by catching repeat criminals earlier and absolve the innocent.

Some critics say the legislation is an invasion of privacy because arrested people should be presumed innocent.

The bill won unanimous approval in the Senate Wednesday and should reach Gov. Jennifer Granholm's desk soon since the House approved it earlier this year.

State government would pay $1 million to process the extra 6,000 DNA samples that would be collected
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Jim Simmons
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Joined: 07 Jan 2004
Posts: 2336
Location: Shelby Twp, Macomb County

PostPosted: Thu Dec 11, 2008 4:13 pm    Post subject: Reply with quote

I haven't seen it. Does it include a provision (as in the fingerprint statute) for the return or destruction of DNA information in the event of an acquittal?
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Dr. Detroit
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Joined: 07 Jan 2004
Posts: 227

PostPosted: Fri Dec 12, 2008 11:51 pm    Post subject: Reply with quote

I do not know as the article did not say.
From the tone of the article, it sounds like the data will be permanent.
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Joel R. Stanley
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Joined: 06 Jan 2004
Posts: 1846
Location: Dryden

PostPosted: Mon Dec 15, 2008 2:14 am    Post subject: Reply with quote

It's HB 4092 of 2007...

There seems to be no provision for destruction of samples or information if a conviction is not obtained. Indeed, the bill provides (subsection 3) that samples taken pursuant to arrest are to be transmitted to the State Police immediately.
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