Comment Re:Self-incriminiation and the 5th amendment? (Score 1) 570
My understanding, and I'm not law degreed so it probably doesn't carry much weight, is that the 5th basically frees you from having to give damning testimony against yourself in a trial. Witnessing against yourself when you know your guilty puts you in a bit of a bind...it's perjury if you lie and are caught, and pretty much throws out the "proven" part of being proven guilty.
The police are allowed to use evidence that could constitute witnessing against yourself (teeth impressions, finding the bloody knife in your hand at the murder scene), assuming they meet the criteria for a reasonable search and seizure. Getting DNA off everybody as a matter of course has a better shot of getting thrown out because it's unreasonable seizure under the circumstances than because of any 5th amendment concerns.
Heck, the feds have my DNA because of military service. I'm sure those weren't destroyed when I got out.
The police are allowed to use evidence that could constitute witnessing against yourself (teeth impressions, finding the bloody knife in your hand at the murder scene), assuming they meet the criteria for a reasonable search and seizure. Getting DNA off everybody as a matter of course has a better shot of getting thrown out because it's unreasonable seizure under the circumstances than because of any 5th amendment concerns.
Heck, the feds have my DNA because of military service. I'm sure those weren't destroyed when I got out.