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1 Dark_Falcon  Tue, Jan 8, 2013 9:32:02pm

I’d predict the Supreme Court is going to side with the Missouri State Supreme Court and uphold the exclusion of the evidence. This kind of search of someone’s body without a warrant is going to rub the current court the wrong way. We could be looking at something like 7-2 in favor of upholding.

2 thecommodore  Wed, Jan 9, 2013 10:41:42am

re: #1 Dark_Falcon

I’d predict the Supreme Court is going to side with the Missouri State Supreme Court and uphold the exclusion of the evidence. This kind of search of someone’s body without a warrant is going to rub the current court the wrong way. We could be looking at something like 7-2 in favor of upholding.

I hope so. There have been enoigh exceptions carvednoit of the 4th amendment to render it almost meaningless.

3 Dark_Falcon  Wed, Jan 9, 2013 11:38:26am

re: #2 thecommodore

I hope so. There have been enough exceptions carved out of the 4th amendment to render it almost meaningless.

PIYF, but that is a valid point.

4 Eclectic Infidel  Wed, Jan 9, 2013 1:01:55pm

And then there is Proposition 69, passed here in California in 2004 and implemented in 2009. Unlawfully arrested? Write a bad check? Forced swab of dna sampling or face further charges.

5 EPR-radar  Thu, Jan 10, 2013 6:54:44pm

re: #4 Eclectic Infidel

And then there is Proposition 69, passed here in California in 2004 and implemented in 2009. Unlawfully arrested? Write a bad check? Forced swab of dna sampling or face further charges.

If the supreme court goes with a sweeping decision against mandatory blood draws, it could also take out CA proposition 69. That would be a welcome development, since prop 69 requires DNA samples from anyone arrested or charged with certain crimes (i.e., no convictions needed).


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