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Refusing to give a DNA sample.

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Refusing to give a DNA sample.

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Old Dec 1st 2008, 11:10 am
  #1  
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Default Refusing to give a DNA sample.

Will the latest police abuses in the UK, it got me to wondering. What would happen if you refused to give a DNA sample?

I know under European law they can't compel you to give a DNA sample. If they tried to take one using force, could you defend yourself and then sue them?
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Old Dec 1st 2008, 11:14 am
  #2  
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Default Re: Refusing to give a DNA sample.

Originally Posted by Octang Frye
Will the latest police abuses in the UK, it got me to wondering. What would happen if you refused to give a DNA sample?

I know under European law they can't compel you to give a DNA sample. If they tried to take one using force, could you defend yourself and then sue them?
Probably the same as failing to give a breath test - the DNA is considered positive... Thus the helix is clockwise - unless it's backwards and then it's a AND sample...
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Old Dec 1st 2008, 11:24 am
  #3  
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Default Re: Refusing to give a DNA sample.

Huh? So this MP refuses to give a sample, therefore he's guilty of being a mole?

Heh, heh.
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Old Dec 1st 2008, 11:45 am
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Default Re: Refusing to give a DNA sample.

They had this on an episode of 'The Bill' once - a couple of burly coppers held the bloke down and they pulled a couple of hairs from his head.

I get all my legal advice from old cop shows.
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Old Dec 1st 2008, 11:57 am
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Default Re: Refusing to give a DNA sample.

Originally Posted by Octang Frye
Will the latest police abuses in the UK, it got me to wondering. What would happen if you refused to give a DNA sample?
Ask if they'd settle for an RNA sample?
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Old Dec 1st 2008, 12:53 pm
  #6  
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Default Re: Refusing to give a DNA sample.

Generally in the US DNA samples can be compelled without it being a violation of the 4th (unreasonable search / warrants) or 5th (self incrimination) amendments. But this generally applies only to prisoners or people in questioning. I suppose it is just a matter of time before everyone has to comply (GATTACA anyone?).
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Old Dec 1st 2008, 12:58 pm
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Default Re: Refusing to give a DNA sample.

If you've done nothing wrong then you've got nothing to worry about, the same goes for CCTV.

If you have done something wrong....you should have been smarter.
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Old Dec 1st 2008, 1:03 pm
  #8  
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Default Re: Refusing to give a DNA sample.

Oh, I very much disagree MrEmjoy. That is the most asinine argument for something I have ever heard. That honestly makes me shudder in frustration whenever someone says that.
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Old Dec 1st 2008, 1:11 pm
  #9  
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Default Re: Refusing to give a DNA sample.

Originally Posted by Pharrya
They had this on an episode of 'The Bill' once - a couple of burly coppers held the bloke down and they pulled a couple of hairs from his head.

I get all my legal advice from old cop shows.
The Bill was great. Of course, if they tried that on me, I'm sure they'd overpower me but I would be removing testicles, gouging eyes etc. They'd have to work for it. Police state goons deserve what they get.

Also, that Menezes kid was innocent and had nothing to hide, yet he was summarily and extra-judicially executed.
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Old Dec 1st 2008, 1:13 pm
  #10  
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Default Re: Refusing to give a DNA sample.

Originally Posted by MrEmjoy
If you've done nothing wrong then you've got nothing to worry about, the same goes for CCTV.

If you have done something wrong....you should have been smarter.
You don't deserve freedom and liberty. Shame on you.
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Old Dec 1st 2008, 1:17 pm
  #11  
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Default Re: Refusing to give a DNA sample.

Originally Posted by MrEmjoy
If you've done nothing wrong then you've got nothing to worry about, the same goes for CCTV.

If you have done something wrong....you should have been smarter.
Well why don't you flush 800 years or so of hard won rights down the kazi? Doesn't really seem the most intelligent thing to do, does it? And they're not yours to give away, anyway, so keep your stinkin' hands off 'em.
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Old Dec 1st 2008, 1:27 pm
  #12  
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Default Re: Refusing to give a DNA sample.

Originally Posted by Octang Frye
Will the latest police abuses in the UK, it got me to wondering. What would happen if you refused to give a DNA sample?

I know under European law they can't compel you to give a DNA sample. If they tried to take one using force, could you defend yourself and then sue them?
See: Shannon v United Kingdom 6563/03 on the ECHR sirte
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Old Dec 1st 2008, 1:29 pm
  #13  
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Default Re: Refusing to give a DNA sample.

Originally Posted by MrEmjoy
If you've done nothing wrong then you've got nothing to worry about, the same goes for CCTV.

If you have done something wrong....you should have been smarter.
Can I put CCTV in your bedroom then? I promise I won't watch while your wife gets undressed.
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Old Dec 1st 2008, 1:32 pm
  #14  
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Default Re: Refusing to give a DNA sample.

Erm, what does that ^^ have to do with a crime being commited?


Originally Posted by Octang Frye
Oh, I very much disagree MrEmjoy. That is the most asinine argument for something I have ever heard. That honestly makes me shudder in frustration whenever someone says that.

You'll have to do better than that, if you've done nothing wrong then you've got nothign to worry about...

But if, for theories sake, we 'imagine' that some police officers are imoral and unjust and may try to fit people up to a crime...then ok.
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Old Dec 1st 2008, 1:32 pm
  #15  
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Default Re: Refusing to give a DNA sample.

Yes! Chalk one up for justice.

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