Katie's Law by yinyang

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Katie's Law

POSTED BY: YINYANG
UPDATED: Monday, May 25, 2009 10:13
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Saturday, May 23, 2009 7:32 AM

You were busy trying to get yourself lit on fire. It happens.

The more I think about this, the more it freaks me out.

---

Guv signs ‘Katie’s Law’
Law will let cops take DNA from people arrested for felonies
Peter Marcus, DDN Staff Writer
Friday, May 22, 2009

http://www.thedenverdailynews.com/article.php?aID=4310

Despite cries that taking DNA samples from suspects violates a Constitutional right, the governor yesterday signed a bill that will give law enforcement that extra tool.

Senate Bill 241 will allow police to take DNA samples from suspects arrested for rape, burglary and other felonies. Current law only allows police to take DNA samples from convicted felons.

Supporters of Katie’s Law, named in honor of 22-year-old New Mexico murder victim Katie Sepich, say the measure will help prevent lives from being lost and keep the innocent from being wrongly prosecuted by expanding the state’s DNA database.

“This measure will help law enforcement solve crimes and keep Coloradans safe,” said Gov. Bill Ritter, a former prosecutor.

The signing ceremony yesterday was attended by Sepich’s mother, Jayann Sepich, who fought for the legislation. Ritter praised her for her dedication.

“Although she endured every parent’s worst nightmare, her efforts have ensured that other lives will be saved,” he said.

The bill had bipartisan support, with Sen. John Morse, D-Colorado Springs, as well as Reps. Steve King, R-Grand Junction, and Scott Tipton, R-Cortez, sponsoring the measure.

Opponents, however, say the bill is an “assault” on the Fourth Amendment.

“Senate Bill 241 would uproot a bedrock principle of our justice system by creating a permanent DNA database of everyone arrested for a felony,” stated the ACLU of Colorado in its active opposition of the measure. “Because an arrestee is presumed innocent, the collection of such sensitive personal information before an individual has been convicted is a violation of an individual’s Fourth Amendment right and expectation of privacy.”

Sen. Morgan Carroll, D-Aurora, a proponent of sentencing reform, voted against the legislation, arguing that the bill will add 25,000 innocent people into the database every year.

“It creates a process where the burden falls on the innocent person if they wish to extract or expunge their DNA from the government database,” she wrote in an online post. “The government’s ability to take your freedom or your life is one of the greatest potential powers they hold. Therefore, the presumption of innocence is key.”

The bill allows police to use “reasonable force if necessary” to collect the DNA. If a suspect is not formally charged within 90 days, they have the right to ask for their DNA to be removed from the database.

The state would need to pay $25,000 to anyone who did not have their DNA removed from the database upon request.

Colorado joins 15 other states that have enacted similar legislation.

Praise flooded in yesterday from supporters of the legislation, including Republican Attorney General John Suthers.

“The DNA database the Colorado Bureau of Investigation will build under Katie’s Law promises to help inject new life into cases that have long grown cold,” he said. “Katie’s Law does not offer crime victims’ families false hope. This new law will create tangible results.”

“One death is one death too many, but one death that could have been prevented, but wasn’t, is inexcusable,” said Morse. “We will not allow any more unsolved crimes to slip through the cracks. This is about public safety, but more importantly, this is about doing what is right.”

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Saturday, May 23, 2009 8:39 AM

WHOZIT

The ACLU is going to take this to every court they can, it's what they do.

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Saturday, May 23, 2009 11:33 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)

Quote:
Originally posted by whozit:
The ACLU is going to take this to every court they can, it's what they do.

Commies.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

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Saturday, May 23, 2009 1:15 PM

WHOZIT

Quote:
Originally posted by Kwicko:
Quote:
Originally posted by whozit:
The ACLU is going to take this to every court they can, it's what they do.

Commies.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

I'm wrong?

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Saturday, May 23, 2009 1:54 PM

FREMDFIRMA

Basically, more of the same.

Our founders set up a system intended to prevent something on the order of Napoleonic Law, where guilt is assumed and innocence must be proven, much in part because of the religion-based persecutions and related horrors none of them were very fond of.

Our system is INTENDED to be innocence till proven guilt, but in practice it doesn't work that way because of the very Judicial manipulation the Anti-Federalists warned us about, and despite the Fourth Amendment very clearly forbidding much of that conduct, which this act expressly violates, not that any of the principles behind it care.

Thing is, our Constitution is just a bunch of words on paper without the "Arm of discontent" behind it which is the peoples willingness and most importantly, ability, to defend it - something the powers that be make sure to hack off at the knees FIRST.

As a citizen, you have a right, and a duty, to resist a false arrest or seizure, but of course no matter what the paper says, try DOIN that and see what it gets you.

It's high time we discarded the blatantly false premise that we're still a democracy, folks - and maybe did something about that, and I don't mean depending on some organisation with it's own little agendas that cares naught for we the people, I mean US, the people.

Start recalling or impeaching the folks pissin on your rights, and if those responsible for doing so will not properly execute the will of the people, then arrest and impeach THEM.

Elsewise, might as well throw in the towel.

-F

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Saturday, May 23, 2009 2:44 PM

KWICKO

Quote:
Originally posted by whozit:
Quote:
Originally posted by Kwicko:
Quote:
Originally posted by whozit:
The ACLU is going to take this to every court they can, it's what they do.

Commies.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.
I'm wrong?

I was being snarky.

99 times out of 100, you guys on the right will piss and moan about those godless commies in the ACLU. Trust me, on this one, you WANT the ACLU to sue as often and as vigorously as possible.

When you're a convicted felon, you give up certain rights. When you're ARRESTED for a felony, you're PRESUMED to be innocent - in other words, you're presumed to NOT BE a felon. You should be treated as if you are not a convicted felon, until such time as you are one.

Me personally, I'm hoping the ACLU will stomp the living shit out of this mess AND jump all over Obama's "preventive detention" bullshit as well.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

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Sunday, May 24, 2009 2:30 AM

GEEZER

Keep the Shiny side up

Okay. So how is a DNA sample so different from a fingerprint, a photo, or any other method of identification?

"Keep the Shiny side up"

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Sunday, May 24, 2009 5:35 AM

NEWOLDBROWNCOAT

Quote:
Originally posted by Geezer:
Okay. So how is a DNA sample so different from a fingerprint, a photo, or any other method of identification?

"Keep the Shiny side up"

and whatever happened to the old, " If you ain't done ( and ain't never gonna do ) nothin' wrong, this shouldn't be a problem ." argument?

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Sunday, May 24, 2009 5:43 AM

FREMDFIRMA

Quote:
Okay. So how is a DNA sample so different from a fingerprint, a photo, or any other method of identification?

Can of worms, that - sure you wanna open it ?

Shit dude, I think they should have to bring a fuckin warrant to even demand my NAME.

And I am really, seriously hostile about such things at the moment: relevant explaination clipped from another post.

Quote:
I am *especially* pissed about right now since Experian sold my freakin rental app info to a credit thief for a mere $14.95, who then tried to go hog wild, and got caught out by me within an hour.

Goddamn credit reporting agencies are responsible for 99% of the crime they're supposedly protecting us from, stealing as much info as possible and selling it to scum - not that it'll go anywhere, but I have filed criminal charges against them, though I'll settle for being proveably purged from their database.

And no, you'd rather not know what happened to the scumbag in question.

You want ANYTHING from me you better have a valid freakin warrant, and pushin it without one is a very bad idea - since I need him to bust Experians chops anyways, I renewed my lawyers retainer and had a nice long chat about just how far I can push it and still have him back me up.

-Frem

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Sunday, May 24, 2009 9:22 PM

JEWELSTAITEFAN

Quote:
Originally posted by Geezer:
Okay. So how is a DNA sample so different from a fingerprint, a photo, or any other method of identification?

"Keep the Shiny side up"

The cops can sell your DNA profile to others, like insurance companies and data bases, so that you can be denied coverage for predisposed items like Parkinsons, or any other illness revealed in your DNA. Fingerprints, photos, other ID do not infringe on your privacy to this degree.

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Monday, May 25, 2009 2:27 AM

AG05

Quote:
Originally posted by Kwicko:
Quote:
Originally posted by whozit:
Quote:
Originally posted by Kwicko:
Quote:
Originally posted by whozit:
The ACLU is going to take this to every court they can, it's what they do.

Commies.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.
I'm wrong?

My only beef with the ACLU is that they seem kinda...selective... when it comes to what rights they seek to protect. If they were to defend the 2nd Amendment as vigorously as they do the rest, I wouldn't have a problem with them.

I was being snarky.

99 times out of 100, you guys on the right will piss and moan about those godless commies in the ACLU. Trust me, on this one, you WANT the ACLU to sue as often and as vigorously as possible.

When you're a convicted felon, you give up certain rights. When you're ARRESTED for a felony, you're PRESUMED to be innocent - in other words, you're presumed to NOT BE a felon. You should be treated as if you are not a convicted felon, until such time as you are one.

Me personally, I'm hoping the ACLU will stomp the living shit out of this mess AND jump all over Obama's "preventive detention" bullshit as well.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

Mercy is the mark of a great man.
Guess I'm just a good man.
Well, I'm alright.

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Monday, May 25, 2009 2:36 AM

KWICKO

Quote:
AG05 wrote:
My only beef with the ACLU is that they seem kinda...selective... when it comes to what rights they seek to protect. If they were to defend the 2nd Amendment as vigorously as they do the rest, I wouldn't have a problem with them.

Agreed. If you're not standing up for the entire Bill of Rights, you're not really standing up for ANY of it.

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

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Monday, May 25, 2009 2:59 AM

GEEZER

Keep the Shiny side up

Quote:
Originally posted by Fremdfirma:
Can of worms, that - sure you wanna open it ?

Shit dude, I think they should have to bring a fuckin warrant to even demand my NAME.

Actually, I'm more concerned that they do stuff like this without a warrant.

Quote:

Police use GPS to track suspects despite murky law
May 25, 2009 - 3:36am

MADISON, Wis. (AP) - Investigators were tipped that habitual criminal Bernardo Garcia was back to making and dealing methamphetamine in 2005 but they needed more evidence to nail him.

So they secretly installed a GPS to his borrowed Ford Tempo. The technology showed Garcia often drove to land in northwestern Wisconsin, where investigators found a stash of meth-making equipment.

Garcia, who once bragged he could make meth across from a police station without getting caught, drove to the scene while investigators were there. He was arrested, convicted and sent to prison.

Across the nation, investigators are using GPS to catch drug dealers, burglars, stalkers and other criminals. Police say the devices, which rely on satellites to determine locations, are similar to trailing a suspect with officers but more effective.

http://wtop.com/?nid=104&sid=1682482

It doesn't seem that in such situations there would be much trouble finding a judge who'd sign a warrant for either DNA or a GPS tracker.

"Keep the Shiny side up"

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Monday, May 25, 2009 4:06 AM

KWICKO

Hell, why bother with the GPS unit? Couldn't they just track him from him cell phone (assuming he has one...)?

The problem I have with this kind of "clearinghouse" style of information gathering is that it seems all well and good when it's just "undesirables" it's being used against. Thing is, what "they" can use against the undesirables, they can use against you just as easily - and it's pretty easy to shift someone's status from "citizen" to "felon" if you've a mind to. Hell, right now Obama's trying to argue for indefinite imprisonment of people who not only haven't been convicted of anything, but who haven't been CHARGED with anything.

And they "promise" to throw your DNA and related info away in 90 days if they don't pursue charges, eh? Yeah, good luck with that. I'm *sure* they'll never get backlogged and try to use DNA evidence they just *happened* to have not gotten rid of in a timely manner, right?

Mike

Build a man a fire and he'll be warm for a day...
Set a man on fire and he'll be warm for the rest of his life.

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Monday, May 25, 2009 10:13 AM

FREMDFIRMA

Indeed Mikey, remember those fingerprinting sessions they scared parents into just in case their kids ever went missing ?

SixStringJack mentioned em too, so apparently they were fairly commonplace.

You DO know they scanned those damn things into the NCIC database, and that some of those folk as adults got hung out to dry by that, right ?

And worse, the kid in question didn't even commit the damn burglary - all HE was guilty of was sneakin in the back window for a little slap and tickle with his girlfriend, which of course made sure her parents left him hang - he did eight months in prison, for nothing...

The real perp got caught and spilled, and despite this it STILL took another month and a half to get him out!

As for the phones, back when they weren't *admitting* to that level of tracking and spying ability, we were drawn in to assist a girl being stalked by an employee of the cell phone company who had eavesdropped on their dinner conversation with it, played back out of context bits to their answering machine, and generally used it to harrass and stalk her, which we got him bagged for, but to this DAY the company goes on stating what he did was not possible despite both his admissions and clear, functional instructions on exactly how - only reason we got HIM so easy was that he was stalking her personally as well and had a history of that, which the phone company of course missed completely despite supposedly doing a background check for that position on hire.

They *NEVER* delete jack shit once they got it.

Oh, and word of warning, if you're smart, keep your hands OFF my damn car unless you've asked permission first!
http://www.amazing1.com/shocking_electric_modules.htm
You WILL find yourself on the ground wondering what hit you.

-Frem

It cannot be said enough, those who do not learn from history, are doomed to endlessly repeat it

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