H.R. 4614 - Enhanced DNA Collection Act

H.R. 4614: Katie Sepich Enhanced DNA Collection Act of 2010. This one in particular really steams me because it is an Orwellian expansion of the modern police state that violates at least three separate provisions of the the Bill of Rights:

4^th amendment – The bill requires the collection of DNA samples to be included in a national database if someone is “arrested for or charged” with certain crimes. In many crimes there is no DNA evidence to match. If there is no DNA evidence to match, there is no reason nor probable cause for the collection of the sample. This is a blatant violation of the unreasonable search and seizures clause in the fourth amendment.

5^th amendment – The bill confiscates a person's DNA to be databased in a national registry prior to application of due process of law. The wording of the bill was not “convicted” but “arrested for or charged.” Because someone is charged or arrested does not mean they have been found guilty by a jury of their peers. Thus, this bill requires citizens to give up rights to their personal information prior to due process. Does anyone have any doubts that certain law enforcement officers might have additional incentive to arrest people just to expand their DNA database with this law in effect? After all, Tea Party supporters are now declared by definition to be lawless enemies of the state according to documents like the MIAC report.

10^th amendment – The bill coerces the states into giving up their rights as far as legislation extending to the criminal justice system by giving the states money to implement the “Minimum DNA Collection Process” and even more money for implementing the “Enhanced DNA Collection Process.” Under the general welfare clause all taxes should benefit all states, with none excluded on the basis of one or more of them not implementing a federal guideline. Financial bribery such as this is often used to coerce states into adopting policies that they otherwise would not, most of which end up trampling over the rights of their citizens.

I would also argue that this violates the ninth amendment, as people have an inherent right to keep their DNA records private. I will remind people that this is very sensitive information which can be used to determine susceptibility to various medical conditions. Insurance companies would pay good money to have access to this data on all citizens. Does anyone have any doubt that the government with nationalized healthcare might sell this data to insurance companies at a later date? What about breaches in security of the records? Remember the government's original promise that social security numbers would not be used as identification? This bill is just a further expansion of the individual tracking and surveillance grid which the fabian socialists have been building the last 50 years in order to emulate George Orwell's vision in 1984. And yes, Cathy went along with it along with every other Congress critter from Washington state.