Friday, May 18, 2012

People v. Fulton (Cal. Ct. App. - May 18, 2012)

You've got to read this one.

Here's the teaser:  It's about whether the police can swab your penis without a warrant.

Get your attention?

Read both the majority opinion as well as the dissent, and see which you think has the better of the argument.  (I'll forwarn you that they agree on the merits but disagree as to the application of the rule here.)  To me, when I read the case, I thought the DNA evidence was pretty damning.  But the majority has a point as well.  See which one you find more persuasive.

I'm generally not into people touching my junk.  Swab or no swab.  That said, I did just get on a plane earlier this week, and so the inevitable happened during my pat-down.  So maybe I should just get used to it.