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MonkeyMotion's avatar

Pic caption: "Ricky demonstrates his well-honed 'Rafalca' technique."

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SullivanSt's avatar

Now I've read the opinion and most of the dissent, I find both to be deeply flawed.

The definition the majority gives of "identity" is garbage, but Scalia's discussion of reasonableness is grossly inadequate (why is a search he concedes is reasonable pursuant to conviction not reasonable pursuant to arrest on probable cause?) and contains some highly misleading statements.

The techie in me is also pissed that Tony makes some significant misstatements about the technical details both of CODIS (the DNA database) and IAFIS (the fingerprint database).

Also, his parade of horribles (to the effect that this case will allow DNA testing pursuant to traffic violation) willfully ignores an important part of the majority opinion, even though he had earlier addressed that part of the decision - if Scalia cannot distinguish between cases requiring detention, and simple ticket offenses, his ability to distinguish is several light years short of that one would feel necessary for service in our highest court. Here I suspect it's not a case of being unable to distinguish, so much as choosing to ignore that a distinction might be possible because it would be troublesome to his point.

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