IF it was that simple, I'd be more inclined to agree with the ruling. The thing is, many places have so many crap laws on the books that allows any cop to "arrest" anyone on a drummed up charge. Ask any cop. They all know it can be done. Doesn't matter if the charge being initially brought is tossed out. Although I would think that "fishing" in this sort should not be allowed. While I'm all for catching criminals, this kind of decision opens the door for more innocents to wrongfully accused.
Because of shows like CSI people believe DNA evidence is absolute. Do a little reading on DNA reliability as evidence. This should scare people shitless.
Tell that to the hundreds of people freed from prison due to DNA evidence. There have been people on death row or life sentences whom were freed because of DNA. Cold cases that were decades old have been solved due to DNA.
I suppose if you had been on the OJ jury, you would have found him innocent. All the blood in his vehicle that was DNA matched to him and Nicole would mean nothing.
And what's the false positive rate?
Point of clarification: the cops need probable cause to arrest you to begin with. So they can't take this DNA test as part of a booking procedure without first having probable cause for the arrest. What this ruling says is that they don't need PC for the test itself after they already had PC to arrest you. They can't just go randomly taking DNA off people.
This just seems like an evolution of fingerprinting.
In addition, don't forget that DNA shows familial relationships. So what happens if a suspect is booked, DNA tested, and comes up with a match that is a direct relation to said individual (Sibling, cousin, etc.)for an unsolved crime. What do the police do then? Is that PC enough to compel DNA swabs for an entire family.
I think people forget just how telling DNA can be. I know it's just 13 cuts at this point, but at the rate gene chips rare advancing they'll be able to get your entire genome for cheap in the future.
This could potentially be so much more.
I swear; with a well medicated society being this well observed, it's like Orwell's novel.