posted May 6, 2013, 12:24 PM by Andrew Manzo
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updated May 6, 2013, 3:33 PM
]
While police detectives work to solve criminal cases such as murders and robberies, private investigators are often hired by individuals and companies to help solve other mysteries.
“A lot of people have the misconception that we, as private investigators, are dirty or ruthless,” says Eric Agaki, owner of Hover View Investigations, which has offices in Agoura Hills and Hollywood.
But in reality, Agaki says, private investigators and police detectives share common duties and often collaborate to solve cases.
On March 24 Agaki announced his investigation of Doheny Glatt Kosher Meats, a prominent Los Angeles food distributor that allegedly breached kosher protocols. Glatt kosher rules require meat to come only from animals with smooth or defect-free lungs.
SPY CAM—Private investigator Eric Agaki of Hover View Investigations in Agoura Hills took this photo at the rear entrance of Doheny Meats, a kosher food distributor, in early March. It allegedly shows the owner of the company directing the unloading of boxes without the supervision of an on site kosher overseer. Over the past six months the private investigator made video recordings that he says show the butcher shop repackaging and selling meat that was not certified kosher. Competitors complained to the Rabbinical Council of California that Doheny gained an unfair business advantage.
The cost for glatt kosher products is about three times higher than regular fare.
The Rabbinical Council is a religious authority that oversees all facets of food production and distribution to make sure meat and poultry come from kosher animals slaughtered according to Jewish tradition.
The scandal during Passover compelled the council to revoke its certification of Doheny Meats, which provides kosher meat and poultry to restaurants, caterers and customers throughout Los Angeles.

Agaki, who was born in Israel, said he conducted the investigation on his own time and without pay.
“I’m Jewish and I keep kosher at my home. I have a lot of family members who keep glatt kosher, and I didn’t want my family to be ripped off,” he said.
According to Agaki, the USDA is also investigating the butcher shop because it reused certified boxes and transported perishable products without proper refrigeration.
The work of a private detective
While Agaki is busy at his Hollywood offices, Amy Doerner, managing investigator for Hover View, runs the company’s operation in Agoura Hills.
Most of Hover’s cases involve divorce and infidelity, but the firm also offers a wide range of intelligence services, said Doerner, a Conejo Valley resident.
In addition to conducting background checks, finding missing people and researching insurance fraud, Hover View tries to foil con artists and gathers evidence to help defendants in court.
“It’s something different every single day. I love it when I truly help somebody,” says Doerner, who is currently researching a dog-napping that spans several states and has leads connected to Agoura Hills. In another case, Doerner recovered a watch that had been stolen from a man in Los Angeles who later saw the watch for sale on Craigslist. Because police did not have enough resources to pursue the incident, the victim called Hover View Investigations for help.
Posing as a potential buyer, Doerner set up a meeting with the seller at the Topanga Mall. Afterward, Doerner presented evidence to the police, who subsequently made an arrest.
The local private eye also helped a birth mother worried about her teenage son who had been adopted by a local couple.
“The mom was able to keep in contact with him for a while and became very concerned that something was wrong when she didn't hear from him for two years,” Doerner said.
Although she could not share specifics with the birth mother, Doerner said she was able to give the biological parent peace of mind knowing that her son is safe.
Doerner earned a criminal justice degree with the goal of becoming a fingerprint expert.
She postponed her pursuits to raise her son but found a new opportunity to become a fact-finding professional when Agaki, who worked alone, hired her as an assistant.
“I learned from the ground up. I do enjoy putting that puzzle piece together, finding the needle in the haystack—that’s what this business is all about,” Doerner said.
Hourly rates for private detectives begin at $125, with a four hour minimum. On average, cases require 15 to 25 hours to solve, Agaki said.
Call us toll-free at (800) 215-9996
Links
Posted from: http://www.theacorn.com/news/2013-04-11/Community/Investigator_keeps_eye_out.html |
posted May 6, 2013, 12:17 PM by Andrew Manzo
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updated May 7, 2013, 8:47 AM
]
Private investigation firms are multiplying across the UK: As the technology used by undercover snoopers becomes cheaper and increasingly advanced, the practice continues to grow, with even town authorities using them to bypass privacy laws.
‘A CCTV camera for every 14 citizens’ is a widely cited statistic in the UK, despite exact numbers being difficult to calculate. However, surveillance takes on a much more human guise in the form of the private investigative units which have sprung up around the country.
Unlicensed and unregulated, anyone can adopt the title of ‘private investigator’ as they conduct covert surveillance operations.
“If I want to go out and do surveillance – I don’t have to get any authority from anybody if it’s ordinary surveillance one-to-one,” said James Harrison-Griffiths, a former police detective inspector.
Harrison-Griffiths aired concern over the potentially disastrous consequences of this loose policy:
“There’s a lot of people that disappear – under pressure from people to do certain things that they don’t want to do, and then the people that are pressuring them want to find them, and you’ve got to do your due diligence and make sure you’re not putting anybody in a position of danger.” The lack of governmental regulation on such investigators has been a source of great concern among British campaigners. UK privacy watchdog Big Brother Watch (BBW) stated in March that the current legal framework for regulating the activities of private investigators is wholly inadequate.
“I think it’s absolutely essential that we have some kind of regulation over private investigators – a licensing system that means that we know exactly who is licensed and the means of surveillance that they are using,” said Emma Carr of BBW.
But despite these fears, a variety of UK authorities have been using the firms to conduct operations against their own citizens.
The total amount spent by councils, public authorities and government departments commissioning external organizations to carry out surveillance was nearly £4 million (over $6 million) for the years 2010-2011 and 2011-2012, according to a BBW report published in March.
There are an estimated 10,000 private investigators currently working in Britain, and the industry continues to grow.
“It’s moving from the shadows and onto the high streets as the cost of covert devices falls, more and more individuals are making use of surveillance gadgets, easily available,” RT correspondent Sara Firth said.
Private investigation firms employ a wide variety of people to carry out surveillance operations, leading Harrison-Griffiths to comment that surveillance in Britain is now just a
“way of life.” “It’s not difficult to make yourself invisible; it’s more difficult to be relaxed while you’re doing it,” said 21-year-old Olivia, who works at UK firm Answers Investigation. The firm has been known to employ girls as young as 16, who pose as teenagers doing school projects.
“When you first start, you’re always thinking oh my goodness, they know, I just know they know, but actually, they don’t,” Olivia explained.
“I’m just not suspected at all.” The availability of information – combined with ongoing fast-paced technological improvements in surveillance equipment that can be hidden in handbags and coffee cups – means that although the work requires a degree of analytical thinking and the covert tailing of individuals, some information-based operations are relatively easy to carry out.
Robert Venezia, President
Robert Venezia founded Venezia Investigative Services after a distinguished career as New York City Police Sergeant. As president of the firm, he analyses, coordinates and directs all investigations.
During Mr. Venezia’s lifetime of investigative work, he has established a worldwide network of professional investigators from the law enforcement community and the business world. Mr. Venezia uses this vast resource of experience and knowledge in all of the investigations he coordinates.
Call us toll-free at (800) 215-9996
Read More.... Posted From ; http://rt.com/news/uk-private-investigators-covert-604/ |
posted Apr 10, 2013, 2:33 PM by Andrew Manzo
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updated Apr 10, 2013, 2:41 PM
]
As the lee county school board searches for a new Superintendent they may be more cautious this time. Board members are now considering hiring a private investigator to screen candidates in order to prevent future problems. Four in your Corner's Mike Mason has more on this one. These days you can get a lot of information about someone by Googling them....but there are some things that won't show up online and that's why board members are considering hiring a private eye. Jeanne Dozier: "It's an unfortunate situation that we are where we are today." Board member Jeanne Dozier says there's a dark cloud hanging over the district. A storm of controversy began brewing when Superintendent Joseph Burke suspended an investigation into Deedara Hicks, who was accused of being drunk on the job in 2011. Burke and hicks worked together in Orange County and he hired her as one of his top directors. Jeanne Dozier: "If the Superintendent had acted appropriately, if the Superintendent had followed protocol and policies we wouldn't be where we are right now." Right now the board is preparing to search for a new Superintendent after Burke suddenly announced this week he'll be retiring in June. Jane Kuckel: "This district is in shambles." Jane Kuckel says she warned fellow board members about problems Burke allgedly had when he worked in Monroe County....but they hired him anyway. And when Burke hired Hicks he said she had a good track record. Dr. Joseph Burke: "Dr. Hicks has had good performance in her previous, in her previous work." Information has since surfaced about problems Hicks had while working at Florida Atlantic University. The Department of Education asked FAU to terminate Hicks from a grant program for her "failure to perform". Will Zariske: "You're going to want to know about that person." Will Zariske is a licensed private investigator based in Cape Coral. He says if the board had hired a firm like his to research district officials they could have found out this type of information beforehand. Will Zariske: "There's a lot of search engines and things on the internet but you're not going to get the result you would with a licensed agency that has access to databases that can get that kind of information." Dozier says she'll support a motion to hire a private investigator to research Superintendent candidates. I asked board chair Mary Fischer if that's something she'd also consider. Mike Mason: "Well, it couldn't hurt though." Mary Fischer: "Oh no, absolutely, the more information you can gather and the more you know the better off you are." Uncovering information now could end up saving the district from problems in the future. Will Zariske: "Down the road it could save a lot of headaches, troubles and finances down the road absolutely." A background search could cost as little as a few hundred dollars or as much as a few thousand if people need to be interviewed. Next week board members will discuss how they plan to move forward with their search for a new Superintendent.
Call us toll-free at (800) 215-9996
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Posted From; http://www.fox4now.com/news/local/200343681.html |
posted Apr 10, 2013, 2:08 PM by Andrew Manzo
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updated Apr 10, 2013, 2:18 PM
]
Hello, fellow pop culture junkies. I found out some really cool news over Spring Break. One of my favorite TV shows of all time will be resurrected as a film.
Veronica Mars ran for three seasons and chronicled the adventures of Veronica, played by actress Kristen Bell. At first glance, Veronica seems to be a normal high school girl, but as the daughter of the former sheriff turned private investigator of the fictional town of Neptune, California. She is anything but normal. Veronica herself is a private investigator and a pretty good one. Every season, in addition to the episode-by-episode mysteries Veronica solved, there was a large overarching mystery for her to solve.
The first season, she was determined to solve the death of her best friend, Lilly Kane. The second season, she spent the entire season trying to find out who caused a bus crash that killed a bunch of her classmates. During the third season, the format was changed and there were shorter story arcs, but the show never lost its charm.
Everything from the acting to the writing made the show superb. And while it never had earth-shattering ratings, it was a critical darling.
The CW cancelled Veronica Mars back in 2007 and for years, the creator of the show, Rob Thomas, and lead actress Bell, have been trying to get a movie made. Warner Brothers and Thomas finally came to an agreement. If Thomas could raise $2 million for the film’s budget using the fundraising site KickStarter, they would make the movie and pay for the cost of marketing and distribution. They gave Thomas the entire month of March to raise the funds.
In less than five hours, 55,000 people had pledged to donate the money for the film’s budget, and when it was all said and done, the film had a total of $3.6 million in donations.
Now, as you might guess, with that type of budget, we’re talking a very low budget, limited release, indie style movie. But for fans like me, that’s enough. The show had a huge impact on its fans, I know that it definitely had one on me.
My advice is to get on Netflix and watch the three seasons before Summer 2014 rolls around. You’ll be glad you did. I promise.
Call us toll-free at (800) 215-9996
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Posted From; http://therambler.org/2013/04/10/veronica-mars-set-to-return-in-2014/ |
posted Apr 10, 2013, 1:54 PM by Andrew Manzo
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updated Apr 10, 2013, 1:54 PM
]
Unethical tax preparers that pop up during tax season have found
targets this year among unsuspecting people, particularly Latinos and
lower-income filers.
Private investigators, veteran tax preparation businesses and federal
agencies say the fraudulent businesses are shorting tax filers of
refunds and keeping most of the money themselves or erroneously claiming
dependents on clients' tax returns to get larger refunds.
"People are being hoodwinked," said Dale Gustafson, a private
investigator in Simi Valley, Calif., who resolved three cases this year
for clients. "It's something people need to be aware of."
About 60 percent of taxpayers will use tax professionals to prepare
their returns this year, according to the Internal Revenue Service.
Investigations by the IRS of fraudulent tax preparers increased
annually between 2010 and 2012, as did the number of those convicted and
most other related actions, according to the agency. The incarceration
rate however, has dropped.
The IRS ranked tax preparer fraud third this year in its list of the top 12 tax scams.
Gustafson has his own investigation business but also trains
investigators and often handles cases for the local Better Business
Bureau. The cases he probed this season involved tax preparers who
shortchanged one client $2,200 and two clients about $1,200 each, he
said.
Gustafson explained that tax preparers orchestrate the fraud by
getting clients to sign fake and incomplete tax returns. The preparers
tell clients they will get a refund of a few hundred dollars, and they
can get the money immediately if they pay a small percentage for the
service.
However, the real refund amounts are usually a lot more, such as
$2,000 or $3,000, Gustafson said, because the clients are minimum-wage
earners and get most of their initial taxes refunded.
The preparers send the real return to the IRS and receive the full
refund, which they keep, Gustafson said, because the preparers have also
gotten clients to sign papers allowing the refund to go to the
preparer. Veteran tax preparers advise against doing that and against
signing incomplete tax returns.
Last year, Gustafson said he had 10 to 12 cases involving fraudulent
tax preparers. The unethical businesses typically open and close around
tax season, advertise in Spanish-language circulars and lower-cost
publications and seem to prey mostly on Latinos and those earning low
incomes. The clients don't realize they've been defrauded because they
are happy to have gotten money back quickly and don't estimate their
refunds, he said.
Gustafson was able to get one client his money back after the
business said it made a mistake. For the other clients, the refund
payment to the preparer was stopped, he said.
"If you can catch it fast enough, you can usually solve the problem,"
Gustafson said. "These people don't want the light shed on it."
Rosemarie Cruz, who manages two H&R Block businesses in Oxnard,
Calif., says she has seen a lot of new clients who have previously dealt
with questionable tax preparers.
The tax preparers have filed tax returns for Latino clients that
claim their dependent children live in the United States to receive a
$1,000 tax credit when the children live in Mexico and don't qualify for
the credit.
The companies benefit by getting more business as clients tell their
friends they will get $1,000 per child if they use them, but the tax
returns are fraudulent, Cruz said.
"There's a 50-50 chance the IRS will catch it," she said. "Sometimes,
the questions come a year or two later," and then the IRS may send them
a bill to repay the fraudulent refunds.
Call us toll-free at (800) 215-9996
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Posted From; http://www.independentmail.com/news/2013/apr/10/tax-preparer-fraud-rises-exploiting-lower-income-p/ |
posted Apr 10, 2013, 11:50 AM by Andrew Manzo
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updated Apr 10, 2013, 11:50 AM
]
LOS ANGELES (JTA) -- A semi-automatic weapon sits propped beside the
front door of the ranch-style home that Eric Agaki shares with his wife,
a couple of goats, some chickens and a horse. Only it’s not the real
thing.
“That’s an air gun for raccoons,” Agaki says. “For intruders I’ve got other things.”
Agaki, 41, is particularly concerned with home security, and with
good reason. A private investigator for the past 10 years, Agaki has put
murderers in jail and staked out hundreds of spouses suspected of
extramarital affairs.
Most recently, he exposed the unkosher business practices of the Doheny Glatt Kosher Meat Market, one of this city's largest purveyors of kosher meats.
Days before Passover, Agaki showed a group of Los Angeles rabbis the
video he shot of Michael Engelman, Doheny's owner, loading boxes of meat
into the trunk of an SUV in a McDonald’s parking lot. A second video
showed Engelman at his store in the Pico-Robertson neighborhood, where a
worker carried the boxes inside. The mashgiach, or rabbinic overseer,
was nowhere in sight.
As a result of Agaki’s seven-month investigation, the Rabbinical Council of California
revoked Doheny Market’s kosher certification on March 24. The following
day, the U.S. Department of Agriculture launched an investigation.
Within a week, Engelman sold his shop to businessman Shlomo Rechnitz.
All of this happened because of Agaki, though the investigator has not been paid a dime.
“I decided to do it as a mitzvah,” he says.
Born in Israel to Persian Jewish parents, Agaki moved to L.A. at age
12. He never served in the Israeli army, but he has more than a decade
of training in the Israeli hand-to-hand combat method known as Krav
Maga. His height may not intimidate, but his thick torso and massive
biceps would be enough to ward off many threats. As would the Kahr CW9
handgun he carries at all times.
“I’m licensed to carry an exposed gun,” he says, pulling back his
shirt to reveal a silver 9mm pistol tucked into a brown leather holster.
In his decade of private investigation, Agaki has never had to use
the handgun. Nor has he had to use the collection of shotguns, hunting
rifles and Civil War-era reproduction pistols that he keeps in a
refrigerator-sized safe in his bedroom. He uses the four wood-handled
pistols for Civil War reenactments, which he participates in once a year
at an event billed as the largest annual Civil War battle reenactment
west of the Mississippi.
For fun, he also collects knives and swords. A glass case filled with
Samurai blades sits near the mezuzah at the entrance to his living
room.
In September, a group of rabbis approached him with a host of rumors
that Engelman was up to no good. Agaki clocked more than 150 hours of
work on the case.
“Just the hours I put in, without all the research, is close to $20,000,” he says.
Agaki started his firm, Hover View Investigations, after graduating
at the top of his class from the Nick Harris Detective Academy in Van
Nuys. It was a dream deferred. He had enrolled at the academy right
after high school, but had to drop out when he couldn’t afford the
tuition.
Eventually he opened a candy store in Westwood Village. Later Agaki
worked as a dental technician, then as a helicopter pilot. Finally a
girlfriend encouraged him to return to his original passion.
Twelve years after he first enrolled, Agaki was back at the Harris
academy. Within two weeks he convinced an instructor to put him on a
case with the school’s affiliated agency. The case involved a husband
who suspected his wife of drug abuse.
He followed the woman all day and photographed her hiding bags of cocaine in the trunk of her car.
“I’m very good at keeping myself hidden when I follow you by car,”
Agaki says. In P.I. lingo, the skill is known as “rolling surveillance.”
Not long after, Agaki was hired by another firm to track a suspected
cheating husband who routinely drove between 80 and 120 miles per hour
on the freeway. Where other private investigators had failed, Agaki was
able to track him 76 miles from Thousand Oaks, in the San Fernando
Valley, to Riverside County, where the suspect parked at a nudist colony
in Corona.
After sweet-talking a secretary, Agaki managed to slide into the
nudist colony in under an hour -- a process that normally takes weeks.
“To be a good P.I., you have to have good hand-eye coordination, be a
good driver, be some kind of an actor and be a good videographer,”
Agaki says. “You also need to know people and be able to profile them.”
For all of his successes as a P.I., Agaki says it is the Doheny case of which he is most proud.
“I’ve put a murderer behind bars,” he says. “But this had an impact on a lot of people.”
Call us toll-free at (800) 215-9996
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Posted From; http://www.jta.org/news/article/2013/04/08/3123781/for-la-investigator-exposing-kosher-meat-fraud-was-a-mitzvah |
posted Apr 10, 2013, 11:47 AM by Andrew Manzo
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updated Apr 10, 2013, 11:51 AM
]
A private investigator accused by National Party president Peter
Goodfellow of conducting covert video surveillance has kept his licence,
but has been reprimanded for non-compliant letterhead.
Goodfellow had complained to the Private Security Licensing
Authority that investigator Clinton Bowerman had used a hidden camera
to film a discussion between himself and his ex-wife Libby Black.
The couple are engaged in ongoing divorce proceedings, and Bowerman
was working for Black as a private investigator and personal guard.
In a hearing on February 5 Goodfellow's lawyer described the moment the National Party president discovered the filming.
"He noticed something under a beanie hat. He lifted it up, and under
it was a camera which had been on for an hour and seven minutes," his
lawyer said.
Authority member Robert Gill said the filming had taken place at
Black's residence and an affidavit from her showed she had consented to
the filming.
Gill said Goodfellow was unable to show he had a legitimate expectation of privacy during the meeting with Black.
"The situation would be quite different if the surveillance
intruded into truly private or intimate situations such as bathroom or
sexual activities," Gill said in his ruling.
Goodfellow also complained Bowerman did not wear a badge identifying
himself as a personal guard, and failed to print an appropriate notice
of his status as a private investigator on his letterhead.
Gill ruled Bowerman did not need to wear a badge, and as the
non-compliant letterhead had since been amended he would only impose a
reprimand.
Call us toll-free at (800) 215-9996
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Posted from; http://www.stuff.co.nz/business/8523449/Private-eye-who-filmed-Goodfellow-pinged |
posted Mar 28, 2013, 9:01 AM by Andrew Manzo
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updated Mar 28, 2013, 9:15 AM
]
Venezia Investigative Services in Newport Beach, CA announces new lower rates for all types of infidelity surveillance, background searches, employment checks, alimony reduction, GPS vehicle tracking units, and all types of surveillance, including child support investigations
Venezia Investigative Services in Newport Beach, CA announces it is offering lower rates on all types of investigation services. Venezia-PI (Private Investigators) is a local, detective agency offering various types of surveillance including infidelity, child support investigations, asset, bank statements, GPS vehicle tracking units, employment checks, and alimony reduction.
Venezia Investigative Services in Los Angeles County, CA is also announcing lower investigation services rates on all services, including alimony reduction, pre-employment checks, background checks, court testimony, cheating spouse surveillance including a cheating boyfriend, girlfriend,husband or wife.
Venezia Investigative Services in Laguna Niguel, California is now offering services in the Laguna Niguel area. Services include spy shops, child support investigations including dead beat parent investigations and locate employment information.
Call us toll-free at (800) 215-9996
posted Mar 25, 2013, 8:47 AM by Andrew Manzo
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updated Mar 28, 2013, 8:54 AM
]
Some private investigators have a colorful way of describing their secretive efforts to watch claimants in workers' compensation cases. Here are some slang phrases used by longtime private investigator's
- Getting burned:
- When a claimant under surveillance figures out he is being watched.
- The look:
- The distinctive way a claimant stares at an investigator after spotting the surveillance. This is proof the investigator has been burned.
- Being dry cleaned:
- How a suspicious claimant drives to try to determine if he is being followed. The claimant, for instance, may make several right turns. An investigator who is being dry cleaned should break off the surveillance and come back another time.
- Dropping them in the grease:
- To provide damaging information to an investigator about a claimant. Sometimes, this is done unwittingly by a claimant's neighbor.
- Toasted:
- When an investigator catches a claimant in activities the claimant shouldn't be able to do because of injury.
Call us toll-free at (800) 215-9996
Posted from: http://newsok.com/private-investigator-slang/article/3760737 |
posted Mar 1, 2013, 9:44 AM by Andrew Manzo
About halfway through a Supreme Court argument on Tuesday over whether the police may take DNA samples from people they arrest, Justice Samuel A. Alito Jr. reflected on just how momentous the issue was.“I think this is perhaps the most important criminal procedure case that this court has heard in decades,” he said, adding: “This is what is at stake: Lots of murders, lots of rapes that can be solved using this new technology that involves a very minimal intrusion on personal privacy.”
“Why isn’t this the fingerprinting of the 21st century?” he asked. But the value of such evidence to law enforcement was only one side of the equation, Justice Antonin Scalia said after hearing that Maryland had obtained 42 convictions based on DNA from people arrested there. “Well, that’s really good,” Justice Scalia said. “I’ll bet you if you conducted a lot of unreasonable searches and seizures, you’d get more convictions, too. That proves absolutely nothing.” Justice Ruth Bader Ginsburg seemed to agree that the practice may run afoul of the Fourth Amendment, which generally requires a warrant or individualized suspicion before police may conduct a search. “This is a very reliable tool,” she said, “but it’s not based on any kind of suspicion of the individual who’s being subjected to it.”The case arose from the collection of DNA in 2009 from Alonzo Jay King Jr. after his arrest on assault charges in Wicomico County, Md. His DNA profile, obtained by swabbing his cheek, matched evidence from a 2003 rape, and he was convicted of that crime. Last April, the Maryland Court of Appeals ruled that a state law authorizing DNA collection from people arrested but not yet convicted violated the Fourth Amendment. In July, before the Supreme Court agreed to hear the case, Chief Justice John G. Roberts Jr. issued a stay of the lower court decision, saying that collecting DNA from people accused of serious crimes is “an important feature of day-to-day law enforcement practice in approximately half the states and the federal government.” Collecting DNA from people convicted of crimes was not at issue in the case argued Tuesday, Maryland v. King, No. 12-207. The question was, rather, whether the Fourth Amendment allowed collecting it from people who have merely been arrested and so are presumed innocent. The chief justice seemed wary of going too far, too fast. The Maryland law, he said, is limited to people arrested for serious crimes. But other laws are broader, and the state’s argument did not have an obvious stopping point. “Under your theory, there’s no reason you couldn’t undertake this procedure with respect to anybody pulled over for a traffic violation?” Chief Justice Roberts asked Katherine Winfree, the state’s chief deputy attorney general. She said drivers might have a reasonable expectation of privacy that people arrested for serious crimes do not. She added that people under arrest lose an array of rights. Last year, the court ruled that they may be subjected to strip searches if admitted to a jail’s general population. Justice Elena Kagan said there must be limits, saying an arrest would not justify the search of an individual’s home for possible evidence of an unrelated crime. She added that under the state’s theory, the law enforcement interest in solving crimes could be used to justify obtaining a DNA sample in many settings. “Why don’t we do this for everybody who comes in for a driver’s license because it’s very effective?” she asked, rhetorically. Chief Justice Roberts wondered whether there is a reasonable expectation of privacy in genetic material that may be easy to obtain in other ways. “You disclose all of this intimate private information,” he said, “when you take a drink of water and leave the glass behind.”
Much of the argument concerned whether DNA is like fingerprint evidence. Kannon K. Shanmugam, a lawyer for Mr. King, said the two were different, as fingerprints are generally used to identify suspects. DNA, on the other hand, he said, is used for a purpose unrelated to the arrest: to solve cold cases, he said.
Several justices seemed interested in a third way DNA could be used: to assist judges in making bail determinations. For now, they were told, turnaround times are too long to make that practicable.
But Michael R. Dreeben, a lawyer for the federal government, which supported Maryland, said the day would soon arrive when DNA could be analyzed in 90 minutes. Ms. Winfree agreed. “This is not science fiction,” she said. “We are very, very close to that.”
Chief Justice Roberts said that left the court in a difficult position. “How can I base a decision today on what you tell me is going to happen in two years?” he asked.
For now, Justice Scalia said, the law’s purpose is “to catch the bad guys, which is a good thing.” But, he added, “the Fourth Amendment sometimes stands in the way. ” |
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