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Alert Congress: Collection of DNA Samples Upon Arrest is Illegal Without Judicial Warrant

By       Message Susan Allen     Permalink    (# of views)   2 comments

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Author 9776
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Dear Senator Kennedy,  

.The U.S. has written laws so that people might know their rights and secure justice in the courts.  .The Justice Department's proposal to collect DNA samples in the absence of judicial warrant and probable cause is unlawful, given it stands as a violation of Constitutional law.      


Amendment 4 states:. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  

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Amendment 4 does not state:·        The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,


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 ·        unless the public's interest in  "deterring recidivism," overweighs an individual's right to privacy  .To be sure, judges of the Ninth Circuit, in United States v. Kincade, (2005), ruled that DNA searches were constitutional when the public's interest in  "deterring recidivism," overweighed an individual's right to privacy, and when the individual has a "reduced expectation of privacy."  However, this ruling stands as an unauthorized exercise of their judicial power given .Article 5 states:  


·         Amendments shall be valid to all Intents and Purposes .Article 6 states: 


·        "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and shall be the supreme Law of the Land;"


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 ·        the Judges in every State shall be bound thereby,"

·        "any Thing in the Constitution or Laws of any State to the Contrary not with standing" 


·        all judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;


Therefore, given the Ninth Circuit judges' ruling stands as a "thing in contrary" to the constituted government of the United States, it is void and without legal standing.  According to the oath of office you took, you are legally obligated to uphold and defend the Constitution.  

To that end, regarding the Ninth Circuit judges' violation of law, (United States v. Kincade, 2005), please act to issue judicial indictments these judges, and release a public statement calling for all judges to review Constitutional law carefully before making unlawful rulings.  Thank you for your prompt attention to this matter.   


Susan F. Allen, M.Ed.


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My commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities. I'm a Legal Advocate, M.Ed. University of Michigan. My interest is to bridge (more...)

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