Yesterday the U.S. Supreme court ruled in a 5-4 decision that the collection of DNA after arrest (but without an actual conviction for any crime) does not violate the U.S. Constitution’s protection against unreasonable searches. Writing the dissenting decision, Scalia also gave an 11-minute oral statement in which he cited the founding fathers.
“It may be wise, as the court obviously believes, to make the Leviathan all-seeing, so that he may protect us all the better. But the proud men who wrote the charter of our liberties would not have been so eager to open their mouths for royal inspection. I dissent.”
Scalia also noted that pre-conviction DNA collection is a slippery slope.
“Make no mistake about it: because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason. This will solve some extra crimes, to be sure. But so would taking your DNA whenever you fly on an airplane … (or) taking your children’s DNA when they start public school.”