Police DNA collections during car-stops?

BillCA

New member
Just spotted this interesting development...

Police Swabbing Mouths During Traffic Stops In Serial Killer Hunt
POSTED: 9:59 am EST February 6, 2008
UPDATED: 8:37 am EST February 7, 2008


DAYTONA BEACH, Fla. -- Police officers in Daytona Beach are swabbing the mouths of persons of interests during traffic stops with special DNA kits in the hunt for an elusive serial killer, sources close to the investigation told Local 6.

Investigators said they believe the same man has killed four women execution style in the Daytona Beach area.

A profiler said the serial killer is likely clean cut and probably has a wife or girlfriend.

And, the Daytona Beach police Chief, Mike Chitwood, said detectives have the killer's DNA.

"Genetically, we know who he is," Chitwood said. "We have DNA evidence from the murder scenes -- so, we got that. That is never going to go away. And, sooner or later, we will match the DNA to the physical person and bring closure to everything that is going on."

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.

Local 6 showed agents stopping a person of interest from Canada, who gave his DNA to officers on the street using the DNA kit.

The DNA kits are also being used in prostitution stings in the area.

Chitwood said over time, modern technology will lead to the killer.

"I can tell you that we are working really, really hard," Chitwood said. "I can tell you that there are a lot of things going on behind the scenes."

Anyone with information concerning the deaths is urged to call a new serial killer hotline at 888-619-5734.

Now, the question is, what happens if you refuse? I don't believe the police can force you to submit to them collecting "DNA samples" if you are stopped for mundane traffic infractions like a tail light out or not signaling a turn.
 
I have some DNA for them!:D Can they obtain DNA from piss? I would rather Piss on his boots then comply!

:D

Refusal is in order! Just don't comply! What is going on in America? Are we sheeple Numbers?

You all need to get a Day Job! Your watching to much day time TV!
 
No search warrant- you could legally just say no. They can't take it unless you agree. No violation of your rights.

It sounds like the case up in MA several years back. I think it was out on the CApe someplace. The police collected DNA from a lot of the males in the community. It was voluntary and the males had the right to refuse.
 
The problem is that saying no to police isn't taken well, in the event one gathers the stones to do it in the first place. Better hope you have all tail lights functioning, not going 1 mph over, no unpaid parking tickets, no drinks with lunch or dinner, no random stray .22 shells laying out in sight, etc. or you might get a rough ride for it.
 
Update: It's arrestees only

This story states its done on those that they arrest.

To me, this is still a violation of rights if it's done non-consensually without a warrant.

http://www.orlandosentinel.com/orl-d...,1010007.story
Daytona cops to take DNA in all arrests
They hope a database will help catch a serial killer.
Kristen Reed and Rachael Jackson | Sentinel Staff Writers
February 7, 2008

DAYTONA BEACH - Any day now, Daytona Beach police will begin seeking DNA samples from every person they arrest, hoping to help nab the serial killer who has slain four women here.

Chief Mike Chitwood said the launch of the new and relatively rare policy will provide his investigators -- who have recovered the killer's DNA from two victims -- with a valuable tool in their pursuit.

"They get cuffed, we're going after DNA," the chief said late Wednesday. Last year, Daytona Beach police arrested 11,000 people. "DNA is going to replace fingerprints soon. Whether we're doing it now for the serial-killer investigation or whatever . . . DNA is going to be useful as a tool."

Chitwood is asking all law-enforcement agencies in Volusia County to do the same. At least one, the Port Orange Police Department, confirmed Wednesday that it would be helping.

The chief said the DNA that is collected -- from any type of arrest and within the parameters of the law -- will be sent to the state's database. He hopes the effort, in the long term, will help area law-enforcement agencies solve a number of crimes.

Typically in Florida, DNA is collected after a person is convicted of a felony. Short of that, the law requires people to surrender a DNA sample voluntarily, even if they have been arrested or convicted of a misdemeanor.

It's not common to collect DNA from people who are arrested but not convicted, said Doug Ward, director of the Division of Public Safety Leadership at Johns Hopkins University.


'Great investigative tool'

And he said large-scale DNA collection is often controversial.

"From a police standpoint, it's a great investigative tool," he said. "From a civil-liberties standpoint, there's a line . . . where we start giving up our freedoms."

Chitwood conceded that people could refuse to give a DNA sample. But if someone does, and police think there's a connection to the case, they could pursue other legal means to retrieve the DNA as part of their investigation.

He added that a handful of Florida cities already collect DNA from arrestees, and the New York City Police Department is considering the move.

Miami-Dade Police stepped up its DNA-collection efforts several years ago by taking samples, with consent, from people arrested for particular crimes.

The policy led police to clear cases and "many arrests," spokesman Roy Rutland said. But samples are not taken from everyone who is arrested.

"That would be a monumental task," Rutland said. "We'd have every officer on the street with a swab kit."

The American Civil Liberties Union has opposed widespread DNA collection in the past, said Alexandra Bassil, assistant director of communications for the American Civil Liberties Union of Florida. But she would not comment on the Daytona Beach case, because she did not know the specifics.

But a California lab director said a "DNA dragnet," such as the one Daytona Beach is proposing, can only help its investigation.

"You can't argue with that being a good idea," said Mehul Anjaria, director of Human Identification Technologies in Redlands. "No question, the more samples we have, the better."

He said many states are building up their crime DNA databases. Florida's database, which now includes 436,000 samples, began in 1990 with submissions from only sexual-battery cases, said spokeswoman Kristen Perezluha.

The state has since expanded the types of offenses that require a DNA submission; since July, Florida has required it in all felony convictions.

Chitwood said that, in addition to people his officers arrest, they will seek DNA from anyone who becomes a "person of interest" in the serial-killer investigation. But he adamantly squashed rumors Wednesday that his officers were swabbing every person stopped for a traffic infraction.

"We are not setting up a traffic roadblock or swabbing people we stop for traffic violations," he said.


4 possible victims of killer

Investigators think four women have been killed by the same man since December 2005. Laquetta Mae Gunther was found first, and Julie Ann Green and Iwana Patton were killed at the start of 2006.

The latest victim, Stacey Gage, was discovered Jan. 2, although police believe she was killed weeks earlier.

Profilers theorize that the suspect is a regular-seeming guy with relationship troubles. Chitwood said his officers think the killer lives in the area and has probably come into contact with police.

While I sympathize with the police in their desire to capture a suspect in these killings, I have not and will not waive any of my rights. Police officers can "arrest" someone for a myriad of reasons and drop the charges later in order to force the issue. And once your DNA is on file, you have no control over its use or the security of that information.
 
Well, naturally, if you consent they haven't breached anything. BUT... are the police going to make people aware of that when they ask for these samples.... If they don't, wouldn't any 'DATA' collected be "fruit of the poisoned tree" and thus unable to be used in court. I don't know the Florida laws, but it seems to me that the police have certainly given a defense attorney a LOT of wiggle room- probably enough for the killer to go free. I wouldn't want to see that, and therefore don't feel this "random DNA stop" is a good idea. Just my opinion... and we all know what those are worth.
 
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