The State is presenting hollow arguments.
So if someone is arrested for a felony like burglary. It is imperative that the police be able to ignore the Fourth Amendment to gather evidence that may or may not lead to the discovery of past crimes, like raping and killing 50 children, for the purposes of bail. But if this same person is arrested for a misdemeanor like trespassing the fact that they have previously raped and killed 50 children isn't really a concern that needs to be adressed at a bail hearing. If it is then down the slippery slope we go. Hey! Remember when a guy here in Maryland was pulled over for speeding and a couple of days later he crashed a plane into the WTC. So now were gonn a need DNA for traffic violations too. Farther down that slippery slope we go. You see that new born terrorist thug laying there in the hospital bassinet. You know damned well it's not a matter of if he will commit a crime in his life. It's only a matter of when he will commit that crime. Lets get his DNA and hang that sword of Damocles over his head RIGHT NOW. Farther down that slippery slope we go. It's just a ANOTHER generalized search for evidence of no particular crime that may or may not have occured. Thank God in 2013 SCOTUS overturned the Fourth Amendment and restored the Writ Assisstance to make all this legal.Lawyers for the federal government and Maryland argued that taking DNA at the time of arrest can help make bail decisions.
You know what else is not science fiction? The ability for the police to pull over a car and apply for search warrant right there on the side of the road. But have they developed and utilized this technology? NO! The only interest the state and police have is expanding their police powers. Never restoring lost freedoms. That's not their job. That's something better left to SCOTUS. In this continuous struggle to expand their police powers the Bill of Rights is their sworn enemy. So they will not develope and utilize this technology until SCOTUS overturns the Carroll Doctrine. Once SCOTUS has determined that because of modern technology the exigent circumstances that the Carroll Doctrine was based upon no longer exist and over turn it. Thereby restoring a previously lost right to be free from warrantless searches. Then every police car computer in the country will have videophones with wifi connections to the magistrates office and warrant applications by the end of the month. But not until SCOTUS overturns the Carroll Doctine. Until then the State and police will be happy to have that technology remain a piece of science fiction with the potential to infringe thier police powers.Chief Deputy Maryland Attorney General Katherine Winfree conceded that it currently takes between 11 and 17 days to analyze DNA, but the information could still be used to modify bail decisions. She added that the FBI estimates that within two to four years it will be possible for police to analyze DNA profiles within 90 minutes.
The technology is "not science fiction," she said. "This is the finger printing of the 21st century, but it is better."
I think SCOTUS needs to preserve current protections and work on restoring lost protections. The protection against general searches and seizures is one of the few, if not only, forth amendment protection that remains.