Cops Take School Kids' DNA

[RespectTradition]

What does anyone else think about this?

Cops Take School Kids' DNA in Murder Case | ABC News - Yahoo! News

Samples of DNA were collected without parental consent from students at a Sacramento, Calif., middle school in connection with the murder of an 8 th grade student who was found stabbed, strangled and beaten to death near the dugout of a local park.

The Sacramento Sheriff's Department, which has been spearheading the investigation into the murder of Jessica Funk-Haslam, 13, said parental consent was not required in the DNA collection and interview of minors, several of whom were taken out of class during the day last week at Albert Einstein Middle School.

"These are interviews, not interrogations," Sheriff's Deputy Jason Ramos told ABCNews.com. "They are all consensual. Once it's done, there is a mechanism in place for school administrators to notify parents."

 

[therealUT]

What does anyone else think about this?

Cops Take School Kids' DNA in Murder Case | ABC News - Yahoo! News

Samples of DNA were collected without parental consent from students at a Sacramento, Calif., middle school in connection with the murder of an 8 th grade student who was found stabbed, strangled and beaten to death near the dugout of a local park.

The Sacramento Sheriff's Department, which has been spearheading the investigation into the murder of Jessica Funk-Haslam, 13, said parental consent was not required in the DNA collection and interview of minors, several of whom were taken out of class during the day last week at Albert Einstein Middle School.

"These are interviews, not interrogations," Sheriff's Deputy Jason Ramos told ABCNews.com. "They are all consensual. Once it's done, there is a mechanism in place for school administrators to notify parents."

I think I have a bigger problem with the "interviews".

 

[Rockytop1018]

I think I have a bigger problem with the "interviews".

This. Kids shouldn't be put under that stress. However, collecting DNA samples doesn't bother me in the least.

 

[RespectTradition]

This. Kids shouldn't be put under that stress. However, collecting DNA samples doesn't bother me in the least.

Do you think 8th graders should be legally allowed to give consent? If not, should their parents have to, or barring that, a court order?

Does the 4th amendment mean anything to you?

 

[OrangeEmpire]

I think I have a bigger problem with the "interviews".

This

 

[Rockytop1018]

Do you think 8th graders should be legally allowed to give consent? If not, should their parents have to, or barring that, a court order?

Does the 4th amendment mean anything to you?

Of course it does. And I also know that several parents would not give their consent to this, thus contributing to the potential difficulties of answering some questions relating to the case. If they have nothing to worry about, there shouldn't be a problem.

 

[volinbham]

If they have nothing to worry about, there shouldn't be a problem.

I really dislike this argument.

 

[Rockytop1018]

I really dislike this argument.

OK.

 

[OrangeEmpire]

I really dislike this argument.

Silly argument, I agree

 

[hog88]

Of course it does. And I also know that several parents would not give their consent to this, thus contributing to the potential difficulties of answering some questions relating to the case. If they have nothing to worry about, there shouldn't be a problem.

Come on dude! This is still the USA (ish) not China.

 

[utvolpj]

thus contributing to the potential difficulties of answering some questions relating to the case.

and that's really of no concern to anyone but the investigators and prosecutor. Do you believe everyone charged should get access to a lawyer before they are questioned? I mean, it would make it much easier to be able to question every suspect without the potential difficulties caused by a defense lawyer. I bet the confession rate would skyrocket

I will never understand why people will willingly submit to things like this. Even worse is to teach their kids that overreaches like this are acceptable. I'm not even sure that anything gained by these "interviews" would be admissible in court once a decent attorney got a hold of the case

 

[hog88]

and that's really of no concern but the investigators and prosecutor. Do you believe everyone charged should get access to a lawyer before they are questioned? I mean, it would make it much easier to be able to question every suspect without the potential difficulties caused by a defense lawyer. I bet the confession rate would skyrocket

I will never understand why people will willingly submit to things like this. Even worse is to teach their kids that overreaches like this are acceptable. I'm not even sure that anything gained by these "interviews" would be admissible in court one a decent attorney got a hold of the case

I would apear to me that if you can't search my house without a warrant why should they be allowed to search my mouth without one?

 

[YorkVol]

I have several problems with this.

1) Middle school kids can't legally give their consent to have their DNA collected.

2) Interviews turn into suspect interrogations quickly, but most kids won't know their rights and could unwittingly incriminate themselves even if they are innocent.

What happens to the innocent kid who had his/her locker next to the victim and exchanged DNA daily for the entire school year? What happens to her friend who let her borrow her brush?

My 12 year old son is a great example. He folds under my wife's interrogation quickly and will confess to almost anything. Most of the time he is completely innocent and the culprit is my 11 year old daughter, but when he gets scared he starts squealing regardless of the truth. I can't imagine what the knucklehead would tell a couple of police detectives in an interview.

 

[utvolpj]

I would apear to me that if you can't search my house without a warrant why should they be allowed to search my mouth without one?

I'm pretty sure a warrant is required for that too. What happened here is just as bad since the PD is hanging their case on 8th graders being able to consent to a search without being advised of any rights

 

[utvolpj]

from quotes in the article it seems everyone is not on the same page

"These are interviews, not interrogations," Sheriff's Deputy Jason Ramos told ABCNews.com. "They are all consensual. Once it's done, there is a mechanism in place for school administrators to notify parents."

"We're not in a position to interfere in any way with the law enforcement investigation. If and when law enforcement wants to interview our students, we inform parents immediately," Ross said.

 

[volinbham]

OK.

What I mean is that it is anti-thetical to the 4th Amendment. We shouldn't be subject to interviews/interrogations at the whim of some authorities simply because if we are innocent we have nothing to hide.

We are presumed innocent and there must be a substantial reason that we should be subject to such.

Likewise, it hits on the 5th Amendment which protects us against self incrimination.

The refusal to willingly submit to interrogation is not a sign of guilt.

 

[BeecherVol]

At least they didn't feed them Ensure.

 

[OrangeEmpire]

What I mean is that it is anti-thetical to the 4th Amendment. We shouldn't be subject to interviews/interrogations at the whim of some authorities simply because if we are innocent we have nothing to hide.

We are presumed innocent and there must be a substantial reason that we should be subject to such.

Likewise, it hits on the 5th Amendment which protects us against self incrimination.

The refusal to willingly submit to interrogation is not a sign of guilt.

Solid Dr

 

[Rockytop1018]

What I mean is that it is anti-thetical to the 4th Amendment. We shouldn't be subject to interviews/interrogations at the whim of some authorities simply because if we are innocent we have nothing to hide.

We are presumed innocent and there must be a substantial reason that we should be subject to such.

Likewise, it hits on the 5th Amendment which protects us against self incrimination.

The refusal to willingly submit to interrogation is not a sign of guilt.

I meant the comment to be more of a generalized statement, not necessarily the 100% truth. I should have clarified that earlier. I do NOT believe what I said to be literally true. Also, the point another poster brought up about the investigators is true as well. I apologize for not clarifying my comments very well. Stupid error on my part.

 

[Weezer]

Disturbing. I'm not a lawyer, but it seems to me no judge would sign off on a warrant allowing childrens' DNA to be collected, especially without notification of parents. No warrant would make for "fruit of the poisonous tree", correct? None of this would be admissable. Also, "consentual" or not, the "interviews" would be tainted as well it seems as minors are not allowed to consent without approval of their parents, yes? Wouldn't this be like contract law? I would be interested on hearing a lawyer's take on all of this. It seems to me the actions of the police would be more detrimental than beneficial, but as I said, I'm not a lawyer.