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Police Swabbing Mouths During Traffic Stops

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69 comments

  • spanielsells
    I have to be in Daytona Beach next week on business.

    I won't be driving, but if we get pulled over, the LEO better have a search warrant to take my DNA. It better have my name on it and I want to know why they require it.
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  • JamesRK
    quote:Originally posted by kyplumber
    quote:Originally posted by KEVD18
    it wont be long before your swabbed at birth and entered into the d-base. cant say id really disagree too much, as fihskiller said, i dont commit crimes, so im not worried about it. and i doubt folks will be replicating dna to distribute at their crime scenes.


    You are an enemy to freedom, you and your ilk belong not in the USA..

    Did you allow the hospital to take a footprint of your newborn and put it in the records for identification purposes?

    Well, at least it wasn't DNA. Maybe we'll let you stay in the USA, but you might have to move to California.
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  • JamesRK
    quote:Originally posted by spanielsells
    I have to be in Daytona Beach next week on business.

    I won't be driving, but if we get pulled over, the LEO better have a search warrant to take my DNA. It better have my name on it and I want to know why they require it.

    They don't require it. They ask for it. If you don't want to provide it, just say "NO".

    If he does have a search warrant with your name on it, he doesn't have to tell you anything. Just provide you a copy of the search warrant.

    You guys are getting your panties in a bunch over not much. Nobody is violating anybody's rights.
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  • 1911a1-fan
    4th amendment


    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.





    James you said i should move earlier, thats a no can do, but i would love to believe me, but one thing i have observed in my life no matter what goes on in this country it will eventually make it to your neighbour hood whether it is just a fashion, fad or local ordinance
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  • Hunter Mag
    quote:Agents are using the DNA kits to collect as much DNA as possible during traffic stops and special operations in hopes on making a match.
    OK so they make a match a few days later and the psycopath is long gone. So what's next? Well we know where he was 3 days ago.

    But now we have tons of DNA from normal citizens, our real goal.

    Here another problem, your at a friends house. You go there often and your DNA is all over the place of course. You leave someone comes in a short time later robs the place and kills your friend. The BG leaves no DNA the cops find yours without your knowledge. They come to your house ask where you've been and you gladly tell them cause after all you did nothing wrong and don't even know your friend is dead yet. They arrest you cause they now have your DNA at the scene and an admission that you were there with no proof someone else was.

    This might sound far fetched but to some(want to put a feather in his cap)prosecutor you will be found guilty. Motive $$$ robbery. Friend or no friend your doing 20-30.
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  • spanielsells
    quote:Originally posted by JamesRK
    quote:Originally posted by spanielsells
    I have to be in Daytona Beach next week on business.

    I won't be driving, but if we get pulled over, the LEO better have a search warrant to take my DNA. It better have my name on it and I want to know why they require it.

    They don't require it. They ask for it. If you don't want to provide it, just say "NO".
    Then you can bet your sweet patootie that I'll tell them to go to hell.
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  • spanielsells
    quote:Originally posted by Flying Clay Disk
    quote:Originally posted by JamesRK
    quote:Originally posted by spanielsells
    I have to be in Daytona Beach next week on business.

    I won't be driving, but if we get pulled over, the LEO better have a search warrant to take my DNA. It better have my name on it and I want to know why they require it.

    They don't require it. They ask for it. If you don't want to provide it, just say "NO".

    If he does have a search warrant with your name on it, he doesn't have to tell you anything. Just provide you a copy of the search warrant.

    You guys are getting your panties in a bunch over not much. Nobody is violating anybody's rights.


    No, but the justification will be on the warrant.

    Imagine seeing your name on a search warrant for "Murder"[:0][:D]
    No, but I'd expect to see a search warrant with my name on it to take my DNA.
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  • JamesRK
    1911a1fan, I think what I said was "I think I'd be getting the hell out of there, and taking my dog and gun and wife with me." I said that in reply to "i sure wish i lived where you do, around here you do not say no to a police officer, what ever the outcome is you will loose in the long run one way or another for not co operating like a good subject should".

    If you are willing to accept that, that's your choice. If you have tried saying "NO" to the police where you live when you were right and it didn't work, you probably aren't trying hard enough.

    When I lived in Guilford County, NC, we had a sheriff who was making up his own laws. I got him to stop doing that for the whole County which includes the cities of Greensboro and High Point. You can do it if you try.

    I think the misunderstanding on this subject is some people are trying to turn this into a violation of the Fourth Amendment. It simply isn't that. The police, or anybody else, has a perfect right to ask for anything they want. They could ask me for the deed to my house. Doesn't mean I'm going to give it to them.
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  • 1911a1-fan
    quote:Originally posted by JamesRK
    1911a1fan, I think what I said was "I think I'd be getting the hell out of there, and taking my dog and gun and wife with me." I said that in reply to "i sure wish i lived where you do, around here you do not say no to a police officer, what ever the outcome is you will loose in the long run one way or another for not co operating like a good subject should".

    If you are willing to accept that, that's your choice. If you have tried saying "NO" to the police where you live when you were right and it didn't work, you probably aren't trying hard enough.

    When I lived in Guilford County, NC, we had a sheriff who was making up his own laws. I got him to stop doing that for the whole County which includes the cities of Greensboro and High Point. You can do it if you try.

    I think the misunderstanding on this subject is some people are trying to turn this into a violation of the Fourth Amendment. It simply isn't that. The police, or anybody else, has a perfect right to ask for anything they want. They could ask me for the deed to my house. Doesn't mean I'm going to give it to them.



    it's funny james, i had a new neighbor move in {named james too}, during several conversations similar subjects came up about our local pd, he tells me now after a few years of getting to know me, and the local gestapo that he thought i was just full of sheet, bitter and disgruntled against the locals, and that i may have done something to deserve the treatment i spoke of, well it been almost 3 years now he has witnessed it for himself several occasions, i could start a entire thread that would look like one of Harrie's c&p threads, they now want to move badly but cannot for financial reasons, QUOTE: you can't tell anyone how bad, and corrupt the police actually are here, they won't believe you and just think your nuts, i told him i was sorry but at the same time glad someone else now believes me
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  • Alpine
    Sounds like it's time to start video taping your police encounters.

    And maybe start talking to someone in the state attorney generals office.

    If you come across as a intelligent, rational person, with a real problem, you may get some response.

    As for the Swabbing for DNA, it sounds like a short term questionable response to serious murder problem.
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  • 1911a1-fan
    quote:Originally posted by Alpine
    Sounds like it's time to start video taping your police encounters.

    And maybe start talking to someone in the state attorney generals office.

    If you come across as a intelligent, rational person, with a real problem, you may get some response.

    As for the Swabbing for DNA, it sounds like a short term questionable response to serious murder problem.



    trust me i have seriously thought about that, but where would you find a safe place to put the camera?

    intelligent and rational person in Illinois is going to be a bit hard. the city has their own court system, and unless you have the cash your stuck here, the best you can do is get it dropped as i did

    swabbing does look good on paper, but that's all
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  • CA sucks
    quote:With as difficult as it is to perform a DNA test and match
    I think you vastly underestimate how easy it has become to perform these tests.
    You can run hundreds at a time, and have results by the end of the day.
    Before your first batch of several hundred is done, you can get to work on the 2nd batch while the first batch is still undergoing the polymerase chain reaction.

    Then software recognition makes it real easy to screen the results.

    quote: quote:
    Agents are using the DNA kits to collect as much DNA as possible during traffic stops and special operations in hopes on making a match.

    OK so they make a match a few days later and the psycopath is long gone. So what's next? Well we know where he was 3 days ago.

    Well, they will match the DNA to a name on a drivers license, and from there the persons address, employment records, vehicle+plates, next of kin, etc.

    They have this guy's DNA, not name.

    This future may be unavoidable, and national ID cards may not be needed if they just do DNA samples.

    They are working on low cost techniques to allow sequencing of everyones entire genome, ostensibly for better healthcare. This could lead to the ability to identify people by DNA even faster (watch gattaca).
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  • ccddbb95448
    quote:Originally posted by CA sucks
    Unreasonable search - end of discussion, tell them no, and if they insist, tell them where they can stick their swab.

    Consenting because you "have nothing to hide" just re-enforces in the cops mind that they can do whatever they want, regardless of the constitution.

    Btw, I collect DNA samples, and copy Human DNA as part of my job - but its not what you think - it involves Rice plants with Human genes in them.

    Capt- it really doesn't take that long, I sometimes analyze thousands of samples per week.




    Rice plants with Human genes in them, not a good idea how long until the rice gene mutates then kills human? Could they become resistant to natural human defenses?
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  • CA sucks
    quote:Originally posted by ccddbb95448
    quote:Originally posted by CA sucks
    Unreasonable search - end of discussion, tell them no, and if they insist, tell them where they can stick their swab.

    Consenting because you "have nothing to hide" just re-enforces in the cops mind that they can do whatever they want, regardless of the constitution.

    Btw, I collect DNA samples, and copy Human DNA as part of my job - but its not what you think - it involves Rice plants with Human genes in them.

    Capt- it really doesn't take that long, I sometimes analyze thousands of samples per week.




    Rice plants with Human genes in them, not a good idea how long until the rice gene mutates then kills human? Could they become resistant to natural human defenses?


    1) You don't eat the rice, the rice is processed to make pharmacuticals
    2) Its only expressed in the seeds
    3) The concept of a human gene in rice mutating such that it kills humans, is asinine
    4) These human genes in rice are meant to supplement the human defense system, for those people with compromised or defective immune systems. - At least most of the lines, some of them have genes to serve a different purpose.

    This isn't virus or infectious disease we are talking about, its a sequence of nucleotides, that results in human proteins in the rice seeds.
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  • Alpine
    Someone spent way to much time in front of the TV tuned to the SF channel.
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  • He Dog
    quote:A profiler said the serial killer is likely clean cut and probably has a wife or girlfriend.


    Damn! These profilers are good! Sounds like they have it narrowed down to just a few guys.

    I will bet the killer is either male or female, 38 years old or more or less, with or without facial hair and either anglo or some other race. Hey! I think I could do this, I better go call the FBI and offer my services.

    Oh, and no to the swab officer, you can stick it where the sun don't shine.
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  • RugerNiner
    It's to my understanding that when they first started doing this it wasn't voluntary. It was after complaints that it then became voluntary.
    This is not the only city to do this, Boston and Charlottesville are two others I know of that have tried this in the past.
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  • 1911a1-fan
    quote:Oh, and no to the swab officer, you can stick it where the sun don't shine.

    yep works around here, they can just swab you puddle of drool after you have been tased
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  • Hunter Mag
    First it started with illegal road blocks/searches. I mean safety checkpoints.[xx(]
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  • spec.4
    This is not new, there is 8 states that if you are in an accident, the cops can withdraw of blood to see if you have been drinking. ON SITE!!!!!!!!!!! BY FORCE!!!!!!!!!! Az, Tx, and Fl are an few. Our right goes out the window for an while. I will not refused an blood withdraw, but I want an tech to do it. If the cops don't do right, they can hurt you really bad and get the wrong reading.

    spec.4
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  • LKB3rd
    quote:Originally posted by 1911a1fan
    quote:Originally posted by Alpine
    Sounds like it's time to start video taping your police encounters.

    And maybe start talking to someone in the state attorney generals office.

    If you come across as a intelligent, rational person, with a real problem, you may get some response.

    As for the Swabbing for DNA, it sounds like a short term questionable response to serious murder problem.



    trust me i have seriously thought about that, but where would you find a safe place to put the camera?

    intelligent and rational person in Illinois is going to be a bit hard. the city has their own court system, and unless you have the cash your stuck here, the best you can do is get it dropped as i did

    swabbing does look good on paper, but that's all

    If you are on a public roadway, they have "no reasonbable expectation of privacy" and you are allowed to film the entire encounter. That is the same justification they use for recording it from their car.
    They may try to tell you they don't consent, and it is "wiretapping"(yes there was some training to tell them to say that), but that is BS. Tell them that they are in a public place and you have a first amendment right to film them. If they choose to blatantly break the law, ands insist you stop, it's up to you whether or not to push the issue and sue them, but with a good lawyer you would easily win.
    A small hidden camera would probably avoid the hassles involved with a cop intent on making you stop, but you could be confident that you were entirely within your legal rights to film him, with or without his knowledge or consent.
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  • RugerNiner
    When the Nazis came for the communists,
    I remained silent;
    I was not a communist.

    When they locked up the social democrats,
    I remained silent;
    I was not a social democrat.

    When they came for the trade unionists,
    I did not speak out;
    I was not a trade unionist.

    When they came for the Jews,
    I remained silent;
    I wasn't a Jew.

    When they came for me,
    there was no one left to speak for me.
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  • 1911a1-fan
    quote:Originally posted by LKB3rd
    quote:Originally posted by 1911a1fan
    quote:Originally posted by Alpine
    Sounds like it's time to start video taping your police encounters.

    And maybe start talking to someone in the state attorney generals office.

    If you come across as a intelligent, rational person, with a real problem, you may get some response.

    As for the Swabbing for DNA, it sounds like a short term questionable response to serious murder problem.



    trust me i have seriously thought about that, but where would you find a safe place to put the camera?

    intelligent and rational person in Illinois is going to be a bit hard. the city has their own court system, and unless you have the cash your stuck here, the best you can do is get it dropped as i did

    swabbing does look good on paper, but that's all

    If you are on a public roadway, they have "no reasonbable expectation of privacy" and you are allowed to film the entire encounter. That is the same justification they use for recording it from their car.
    They may try to tell you they don't consent, and it is "wiretapping"(yes there was some training to tell them to say that), but that is BS. Tell them that they are in a public place and you have a first amendment right to film them. If they choose to blatantly break the law, ands insist you stop, it's up to you whether or not to push the issue and sue them, but with a good lawyer you would easily win.
    A small hidden camera would probably avoid the hassles involved with a cop intent on making you stop, but you could be confident that you were entirely within your legal rights to film him, with or without his knowledge or consent.



    ok you stand there and film it, see how fast you get taken in and released with a blank tape or broken camera

    i turned onto a one way street a few years back, i saw a guy in the back of a patrol car, he was hitting his head against the glass {of course it was wrong}, i saw 2 officers open the doors, one grabbed him by the ankles and drug him out {handcuffed behind his back} with his face hitting the pavement, they picked him up sprayed him in the face, and then beat his ass with fist, one ran over to my car and looked around through my window {i assumed at the time he was looking for a camera}, i read about it in the paper, he was arrested for domestic abuse, and resisting arrest

    now what am i supposed to do? hell none of you here believe me, and no i didn't see what occurred previously, so i guess in most eyes it was justified
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  • COLT
    ...Damn Dan...sounds like your town/city LEO's are beyond azz-hats![:0]
    ...Ive never had a beef with cops, they are way underpaid and do a "damned if you do, damned if you don't job"...one I wouldn't even contemplate doing...but that does not excuse rogue behavior.
    ...As said earlier, no consent, no swabbing, that being said, I would not consent.

    ...If you drive, applied for/have security clearance, CCW...your fingerprints and pic are in files everywhere though.

    ...If your suspected of driving under the influence, WTH is wrong with giving blood to provide proof you were/are sober?? Someone DUI and having an accident that seriously injures my daughter, grand kids, the DUI charges will be the least of their problems. There is NO excuse for driving impaired, NONE!

    ...Driving (like it or not) is considered and labeled an extended priveledge, not a right; and is regulated.


    ani-texas-flag-2.gif

    Bhogie.gif
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  • CA sucks
    Didn't any of you see that video of a guy being accosted by a cop who threatened to make up charges?
    The cop noticed the camera, threatened to stip the car and make the tape dissappear.

    The guy responded that it was fine, because the tape wasn't in the car.

    Get a camera system that transmits to a remote hard-drive.

    Put a tape/memory card in there too.

    If they blank the memory card, then you show them the recording from the remote location, you basically have their balls in a vice.

    While I don't actually advocate telling a police officer to swab his rectum... you should politely but firmly refuse.

    Every citizen concerned about police overstepping their bounds should have a camera system that transmits data to a place the cops can't readily reach.
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  • woodshermit
    Always amusing to hear people talk about refusing to obey a cop. Try it and see what happens. "What's that, sir? You are refusing to allow me to swab your mouth. No problem. Go ahead, sir. Have a nice day."

    BTW, Chitwood was the chief in Portland, ME for a number of years before moving on. He was always expressing his frustration at how he was so limited by the rules in "fighting crime". People got tired of his heavy-handed methods and he left.
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  • 1911a1-fan
    quote:...Damn Dan...sounds like your town/city LEO's are beyond azz-hats!


    they're beyond that, right now a old high school buddy has a lawsuit, he has suffered brain damage as a result of resisting arrest, he is a truck driver who right now cannot work due to loss of motor skills, i'm sure he give them trouble knowing him, but no one i know was surprised of his outcome with that pd, i no longer live there thank god, but when i have to go there it feels like i'm stepping into the ring with mike tyson with my hands tied behind my back


    i know not many here believe me, because it just cannot be true or have went on this long, and the leos say it just don't happen
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  • opieone
    If you tell a cop NO you can't take a look, swab, or whatever, it should end there.
    But cops will then think/say,"WHY, have you got something to hide?"
    Then suddenly a dog appears, goes,"woof,woof", and now they CAN search.
    If you have some hundred dollar bills on you, be careful, a high percentage of them have cocaine residue still on them.
    Saying DNA samples can't come back to haunt the innocent, someday, is about like saying cops don't use racial profiling.
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  • Winston Bode
    If this serial killer had grabbed one of you nay sayers wife or girlfriend or daughter you would all be screaming "why aren't ya'll doing something to catch this killer" but since it doesn't directly effect any of you, you say you won't stand for it.

    Bunch of babies.

    Bode
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  • Horse Plains Drifter
    quote:Originally posted by Winston Bode


    If this serial killer had grabbed one of you nay sayers wife or girlfriend or daughter you would all be screaming "why aren't ya'll doing something to catch this killer" but since it doesn't directly effect any of you, you say you won't stand for it.

    Bunch of babies.

    Bode
    No wonder this country is going to he11 in a hand basket.[V][V][V][V][V][V][V]
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