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Originally Posted by JoeRedskin
Because the 5th Amendment only protects you from being forced to give incriminating testimony. You cannot be forced to answer questions.
Your DNA, however, is governed by search and seizure protections of the 4th Amendment. (Search & Seizure).
Not commenting on the validity of the division. Just saying how it is/has been viewed by the SC.
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I understand what you are saying, but here is the 5th amendment
Quote:
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]
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What could be more of being a witness against yourself then using your own genetics against you.
I don't know the original intent, but just on the face of it, having your dna used against you would seem to be self incrimination. But - apparently not.