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New law to require DNA samples from Ohioans charged with felony


Published: Mon, May 16, 2011 @ 12:05 a.m.

By Alan Johnson

Columbus Dispatch

COLUMBUS

Beginning July 1, anyone charged with a felony in Ohio will be required to provide a DNA sample for the state database.

It means more work for law enforcement and more than doubling the 40,000 DNA samples now processed annually at the Bureau of Criminal Identification & Investigation at London, Ohio. The test will involve using a cotton swab to take saliva from inside the mouth.

The testing will help solve crimes, said former Attorney General Jim Petro, now chancellor of the Ohio Board of Regents. He was a big proponent of including it in the law.

“It will save lives. You pick up John Doe on a felony. Before he gets bond set, you get a match on another crime scene, and you’re able to hold him,” Petro said.

Current Attorney General Mike DeWine said he fully supports the idea.

“It will dramatically, fairly quickly, increase the number of people in there [the database]. And as you increase the number of people in there, your ability to solve crimes will dramatically go up,” DeWine said.

The requirement was included in Senate Bill 77, signed into law early last year by then-Gov. Ted Strickland. It was introduced following publication of “Test of Convictions,” a Dispatch series that revealed major flaws in Ohio’s DNA law. Other provisions of the law took effect last year, including rules on maintaining biological evidence and recording suspect interrogations.

Testing felony arrestees raises serious concerns for the American Civil Liberties Union of Ohio, legal director James L. Hardiman said.

“What gives the government the right to take my bodily fluid just because I’ve been arrested? Arrest is not proof of guilt,” he said.

“We take the position it’s another incursion into the lives and privacy of individuals under the guise of protecting them.”

Petro said he doesn’t share those concerns. “Not even in the littlest sense. Since 1931, we’ve been taking fingerprints. They’re human markers. ... If I’m not involved in criminal behavior, what do I care?”

Chief Michael A. Harnishfeger of the Ada Police Department and president of the Ohio Association of Chiefs of Police, said the change “certainly will mean additional steps to process folks who find themselves in trouble with the law.”

However, he said he does not anticipate it will be a big problem.

The Ohio State Highway Patrol likewise is gearing up for the law, Lt. Tony Bradshaw said.

“We have made the field aware of the changes but do not expect this to adversely impact our operations,” he said.


Comments

1jazzman(8 comments)posted 1 year ago

So let me understand this... All you have to do is get indicted for a felony and with this law enacted you WILL be required to give a D.N.A. sample ? So when the felony (WHATEVER HAPPENED TO INNOCENT UNTIL PROVEN GUILTY) is plea bargained down to a misdemeanor or the individual is found to be NOT guilty, does the D.N.A. sample get destroyed ? NOT HARDLY. Sounds like another police state tactic. This will motivate a rising star prosecutor to OVER indict someone to get that precious D.N.A sample. Wouldn't it be easier to require anyone who wants to be a legal resident of this great (corrupt free ) state to have a D.N.A. sample on record ? So, when I stop at Taco Bell after a hard day at work and my sweaty palm touched the counter while ordering and the place gets robbed later that day, will I be a suspect because my D.N.A. was at the "scene of the crime" ?

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2Stan(9923 comments)posted 1 year ago

The day is fast approaching when the hospitals will collect DNA from each newborn and put it in a database .

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3Bigben(839 comments)posted 1 year ago

This is more NWO . Where is the freedom? Is this the democracy our government wants to spread around the world? The founders must be turning in their graves.

Stan the government has been collecting blood samples from babies I think since 1973. Now they want it in our faces.

There is no reason to feel up little kids at airports nor little old ladies. It is about power and control.

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4oldmillspice(148 comments)posted 1 year ago

Sad but true ! In one way its a great idea,but the law should read "after conviction of a felony" . but truely if you have nothing to hide dont sweat it.

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5Bigben(839 comments)posted 1 year ago

Having nothing to hide isn't the point. Our protections are eroding we are innocent until proven guilty.I would much rather error on protecting the rights of the innocent .

In Indiana now as far as I know police can kick your door down and take you without a warrant.

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6walter_sobchak(1138 comments)posted 1 year ago


Testing felony arrestees raises serious concerns for the American Civil Liberties Union of Ohio, legal director James L. Hardiman said.

“What gives the government the right to take my bodily fluid just because I’ve been arrested? Arrest is not proof of guilt,” he said.

Col. Jack D. Ripper was correct! They are now coming after our precious bodily fluids.

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7Reader(123 comments)posted 1 year ago

I think it is a great idea. It will help solve cases. Imagine if you or your loved one were raped by a known felon but you didn't know them. The DNA would identify them and help bring them to justice. If you aren't a bad guy, you don't have to worry about it. If you are a felon, you have to give DNA, they already fingerprint anyone arrested. This is just the next step and will be a valuable tool in fighting crime and bringing justice. Why would anyone not agree with this?

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8Lifes2Short(2993 comments)posted 1 year ago

reader

"Why would anyone not agree with this?"

Because they have to b@#4 about something. If you don't deal with the Police as a criminal then you have nothing to worry about. Fingerprint, DNA it's all the same. No big deal getting your mouth swabbed. Move on to serious things.....

Talking about that, when I was in prison, they took our DNA. So not sure why they would say this is a new law?

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9Bigben(839 comments)posted 1 year ago

Ben franklin said,"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

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10Bigben(839 comments)posted 1 year ago

Gee those nasty Americans during the Revolution shouldn't have made as fuss about all those necessary things the British were doing to them.

They should have just realized that the Brits meant no harm to anyone who did what they were supposed to do.And the Easter Bunny and the Keeblers are real too.

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11Stan(9923 comments)posted 1 year ago

It is but a matter of time before they use your DNA to allow you to live or force you to die . When animal genes are spliced onto human DNA, humans as we know them today will cease to exist . I see many ramifications over absolute forced DNA testing far beyond the tracking of criminals .

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12Bigben(839 comments)posted 1 year ago

Stan, DNA has been introduced into crops ,some crazy stuff has gone on and is continuing to go on.

I wouldn't doubt that a few years ago the bees were having difficulties in recognizing some of the genetically modified plants that now predominate our nations corn fields as well as other crops.

When I say modified genetically I mean removing the DNA from one life from and injecting it so to speak into another so that the end result is neither fish nor fowl.

" I see many ramifications over absolute forced DNA testing far beyond the tracking of criminals ."-Yep.

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13Lifes2Short(2993 comments)posted 1 year ago

Everything is a conspiracy, huh? Hollywood really did a number on the masses.

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14Bigben(839 comments)posted 1 year ago

Conspiracy ? Just sharing some facts but I see you reached your own conclusion given the information.

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15Stan(9923 comments)posted 1 year ago

Lifes2Short :

"Everything is a conspiracy, huh?"

Not so long ago LSD was given to people by our government without their consent or knowledge .

Soldier cannot sue government for LSD experiments - U.S. v ...[45], In experiments designed to test the effects of lysergic acid diethylamide (LSD), the Government of the United States treated thousands of its citizens ...
http://biotech.law.lsu.edu/cases/rese...

In February 1958, James B. Stanley, a master sergeant in the Army stationed at Fort Knox, Kentucky, volunteered to participate in a program ostensibly designed to test the effectiveness of protective clothing and equipment as defenses against chemical warfare. He was released from his then-current duties and went to the Army's Chemical Warfare Laboratories at the Aberdeen Proving Grounds in Maryland. Four times that month, Stanley was secretly administered doses of lysergic acid diethylamide (LSD), pursuant to an Army plan to study the effects of the drug on human subjects. According to his Second Amended Complaint (the allegations of which we accept for purposes of this decision), as a result of the LSD exposure, Stanley has suffered from hallucinations and periods of incoherence and memory loss, was impaired in his military performance, and would on occasion "awake from sleep at night and, without reason, violently beat his wife and children, later being unable to recall the entire incident." App. 5. He was discharged from the Army in 1969. One year later, his marriage dissolved because of the personality changes wrought by the LSD.

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16Lifes2Short(2993 comments)posted 1 year ago

bigben

"Conspiracy ? Just sharing some facts but I see you reached your own conclusion given the information."

And your conclusion is right? So no one can debate with you? Seems rather unfair.

Were talking about DNA from felons. What is the big deal? What is really the harm in that? Stay out of trouble and you won't have to worry about it. A person CONVICTED in a court of law is a felony. So what is up with Innocent until proven guilty?

Stan

And your point? Of course there are going to be conspiracy's that's a no brainier but DNA swabbing. Really.

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17Bigben(839 comments)posted 1 year ago

Life2short,the article above states , "Beginning July 1, anyone charged with a felony in Ohio will be required to provide a DNA sample for the state database. "

I am saying charged with a felony does not equate with being a convicted felon or being guilty at all. That is why it is a VERY big deal. You follow what I am saying?

"So no one can debate with you? - - I don't recall saying that.

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18candystriper(538 comments)posted 1 year ago

DNA is just like fingerprinting...it will identify who you are...unless of course you committed a sex crime in the past that you don't want solved.

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19Bigben(839 comments)posted 1 year ago

'....unless of course you committed a sex crime in the past that you don't want solved. ' - - - -So I guess the U.S. Constitution which contains with in it the right to privacy should just be trampled on and only a sex offender wouldn't want to have their mouth swabbed for something they may not have done.

And I heard that the Easter bunny charged Mr.Keebler with a felony so he must be guilty . Forget the trial hang that elf from the nearest tree!

I bet you would like it in Indiana where the cops don't need a warrant anymore to enter your house any time day or night.

After all everyone is guilty until proven innocent.

I guess the framers just got it wrong.

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20Bigben(839 comments)posted 1 year ago

"DNA is just like fingerprinting..."- - -No it isn't.

"...it will identify who you are"- - -So will a drivers license, social security card, birth certificate....And they are a lot less invasive for the innocent.

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21Bigben(839 comments)posted 1 year ago

You see the founding fathers placed more emphasis on protecting the rights of the innocent than on subduing the guilty because they knew what it was like to live under tyranny.They had in mind for us to be free men and women not treated like cattle.

Examples of tyranny: Nazi Germany under Adolf Hitler,
Fascist Italy under Benito Mussolini, Spain under Franco,Communist China, Communist U.S.S.R under Lenin, Stalin ect.

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22Lifes2Short(2993 comments)posted 1 year ago

bigben

"I am saying charged with a felony does not equate with being a convicted felon or being guilty at all."

Yes it does. If your convicted of a felony in court you are a Felon. Bottom line. If you commit a crime punishable by death or imprisonment in excess of one year your a felon. If punishable by exactly one year or less, it is classified as a misdemeanor.

"After all everyone is guilty until proven innocent."

When your convicted with a felony your found guilty.

"I bet you would like it in Indiana where the cops don't need a warrant anymore to enter your house any time day or night."

Why would I like it there? And going with this, you really think a cop would just enter your house day or night for no reason and risk getting shot at, bite by a dog, etc. For what reason would he/she do that? If he/she is that stupid then they don't deserve to be on the police force. Actually it's called common sense.

""DNA is just like fingerprinting..."- - -No it isn't."

Basically it's the same. And really what is the government going to do with your DNA? Make a army of you.

I could care less about the government and police, I've been through all that, done my prison time, fought them, etc, but in the end it was all my fault, no one elses. If I stayed out of trouble then I would've been a normal citizen not worrying about getting DNA from convicted felons.

"Examples of tyranny: Nazi Germany under Adolf Hitler,
Fascist Italy under Benito Mussolini, Spain under Franco,Communist China, Communist U.S.S.R under Lenin, Stalin ect."

So your comparing these idiots to the USA? Really.

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23Bigben(839 comments)posted 1 year ago

-- - - - - -Being charged with a felony does not mean someone is convicted of a felony.Anyone can bring a charge it does not mean guilt unless convicted.Charged and convicted are not the same..

"I bet you would like it in Indiana where the cops don't need a warrant anymore to enter your house any time day or night."Was supposed to be for Candystriper.-My comment means perhaps some folks like the Big Brother type government.

Police in Indiana can kick a persons door down ,they do not have to knock anytime day or night and they do not need a warrant any longer to do so.

""DNA is just like fingerprinting..."- - -No it isn't."

"I've been through all that, done my prison time, fought them, etc, but in the end it was all my fault, no one elses. If I stayed out of trouble then I would've been a normal citizen not worrying about getting DNA from convicted felons."- - - - -As mentioned before the article is saying anyone charged not necessarily guilty of a felony.When a person is arrested and charges are brought against them that does not make them guilty.
You are suppose to be presumed innocent until proven guilty.

"Examples of tyranny: Nazi Germany under Adolf Hitler,
Fascist Italy under Benito Mussolini, Spain under Franco,Communist China, Communist U.S.S.R under Lenin, Stalin ect."- - --These are places where you were considered guilty until proven innocent. There were good reasons the USA had protections in the Constitution so we did not become victims of tyranny.

You may want to refresh your knowledge of the Bill of Rights and the rest of the Constitution.There are good reasons these documents exist. You don't think there were Germans before Hitler's time who said there can't be tyranny in Germany not good old Germany.Germany had a republic before going Nazi.

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24Bigben(839 comments)posted 1 year ago

Not everyone who is charged with a crime(felony) is guilty unless convicted .If one doesn't grasp that fact then this article's implications will not make sense to them.

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25Bigben(839 comments)posted 1 year ago

Just because charges are brought against someone doesn't mean they are guilty until there is a trial and they are convicted.They maybe found innocent in court.Anyone not understand this ?

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26Lifes2Short(2993 comments)posted 1 year ago

I stand corrected. After re-reading the article again, I see where your coming from bigben. I was under the impression it was felons already convicted, but that is not the case. I bad. lol

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27Bigben(839 comments)posted 1 year ago

Lifes2short ,No big deal we have all done it.

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