Tuesday, June 4, 2013

Scalia is correct


There’s a headline you won’t see on many posts on this particular blog.  

Scalia wrote the dissenting opinion on a case involving DNA collection from people who have been charged but not convicted of a crime.  

In the past the Court has allowed “suspicionless searches” only where the justification is strong--for example, drug testing of airline pilots.  

Here’s what Scalia wrote.  “Solving unsolved crimes is a noble objective, but it occupies a lower place in the American pantheon of noble objectives than the protection of our people from suspicionless law enforcement searches.”

Scalia warned that the ruling would lead to a national DNA data bank for everyone arrested for whatever reason. 

Scalia was joined in his dissent by Justices Ginsburg, Sotomayor, and Kagan.  

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