[QUOTE=UTR;2620087]I don’t see this as DNA, fingerprint
[I]“a solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official”[/I]
[I][B]“nor shall be compelled in any criminal case to be a witness against himself[/B],” [/I] [/QUOTE]
I think when the DNA is taken from the persons body this is being a witness against “himself” . It is testimony . So should be voluntary just like speech.
Compare it to the prosecution trying to circumvent the Fifth amendment by saying this doesn’t apply to written testimony. Then have the judge order the person to write their testimony against themselves. Since this wouldn’t be orally.
Now if they can get the DNA indirectly & prove by “chain of evidence” is belongs to the person. Much harder to do . Then I would go with it.
To me fingerprints are different. They are only an ink copy so not direct evidence from a person.
So if I’m selected to be on a jury the DNA had better not be obtained with a court order or my vote will be “Not Guilty”.
[QUOTE=Mr. Belvedere;2620138] Or a case for national security, which results all amendments are now worthless. [/QUOTE]
I know the “Patriot Act” is still in place. I believe it is itself unconstitutional .
Congress had no right to create & pass law that circumvents the US Constitution . Only a new amendment can legally do that.
(There is a reason why the US is always at war with “some” country, because in war time your constitutional laws do not count).[/QUOTE]
This is a misinterpretation of the law.
" [I] except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;"[/I]
This applies only to military personnel . Who are tried under the uniform code of military justice .
IMO & not the laws there should be no uniform code of military justice that allows this. Or at the very least it should be the option of the soldier being tried to choose trial in a civilian court. To me this circumvents due process.
If anything those fighting for the US should maybe have greater rights not less.