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DNA Sample Taking is Unenforceable Because it is an Ex Post Facto Law - Part 2

Posted by attorney Theodore Robinson
Filed under: Civil rights

This is the second part of this Guide, which first sets forth the rest of the crimes for which a convicted person must submit to giving a DNA swab sample and why, in this writer's opinion, it is still unenforcable and unconstitutional.

Here are the rest of the crimal convictions that are subjected to DNA sampling:

Criminal possession of a controlled substance in the second degree, as defined in section 220.18 of the penal law;

Criminal sale of a controlled substance, as defined in article 220 of the penal law;

Grand larceny in the fourth, third, second or first degree, as defined respectively in sections 155.30, 155.35, 155.40 or 155.45, of the penal law, but only when such larceny is from a person pursuant to subparagraph (i) of paragraph (e) of subdi- vision two of section 155.05 of the penal law.

This statute became a law in NY on December 1, 1999 and is now having adverse affects upon people who have been convicted of these crimes in the past because the police are now insisting that they come in to Police Headquarters and submit to a DNA swab being taken of them. The police are also threatening these convicted people if they fail to voluntarily submit such a sample with forcibly taking such DNA samples at home or at work if they refuse to them.

It is this writer's belief that this is in direct confrontation with our Civil Liberties as outlined in the US Constitution and the NY Constitution and should be stopped immediately, however, it remains to be seen what the police in NY will do from this point forward.

However, in Part 3, there is now a new law that has been promulgated to include a required DNA sample being taken at the time of arrest instead of waiting for conviction.

See Part 3

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