Thursday, November 29, 2007

U.S. v. Kriesel (9th Cir. - Nov. 29, 2007)

I've got a game for you. You've got five guesses as to the author of this dissent. Which begins as follows:

"The majority holds, with an air of shrugging inevitability, that without a warrant, without probable cause, indeed without any suspicion whatsoever, the federal government may seize and repeatedly search the DNA of all federal felons on supervised release, regardless of their offense or their likelihood to re-offend. They sanction the inclusion of that DNA in a massive and permanent computer database, the sole purpose of which is to aid generalized criminal investigation. This offends not only the Fourth Amendment but our precedents."

From the tone and substance of the dissent, you'd think that you could guess who the author is, right? Especially with five guesses.

My prediction, however, is that you can't. Give it a shot.

Write those five predictions down. Then check your guesses against the answer.

How'd you do?