According to a recent decision made by the U.S. Supreme Court, certain suspects may be subject to a DNA test immediately after arrest, even before the process of trials and their conviction begin. This ruling has created a huge argument over whether or not the people personal privacy rights will be violated as a result of this new legislation. This specific court ruling was centered on the topic of whether or not law enforcing could require a suspect of a serious criminal offense could be required to give over their DNA and if this type of search would be considered as "unconstitutional."
The ruling was a close call, as it was a 5-4 majority vote by the nine Justices. They claim that in the event an officer has probable cause for an arrest, they should be able to conduct a cheek swab in order to check for DNA for the suspected serious criminal offense. Those in favor of this new law claim that it is simply another step o the jailhouse process such as taking the suspect's photographs or getting their fingerprint. After due consideration by the Justices, they deemed that this does not violate the person's right against unreasonable search and seizures, in this case the taking of their personal DNA.
There is a concern amongst those who are not in favor of this new legislation as they believe it won't be long before people accused of misdemeanor offenses have their names entered into the federal database forever. With technology, this breach of privacy may result in devastating consequences in the future to those who take advantage of the system. However, this is not something we can control per say, though if you have been accused of a criminal offense, you can control whether or not you hire a skilled attorney to represent you before the court. Contact the Law Offices of Joshua S. Davidson today for the trusted
Phoenix criminal defense attorney you deserve!