d.n.a. collection of individuals arrested on suspicion of a felony. this is just over an hour. >> good afternoon. please be seated. we're here for the argument of haskell versus harris. judge gould is appearing by video. good afternoon judge gould, can you hear me? >> good afternoon. you are coming through loud and clear. are we coming through? >> great. i can hear you fine. >> okay, counsel ready? you may proceed. >> good afternoon. for the plaintiffs, i'd ask to reserve five minutes for the rebuttal. >> you have the clock. you'll have what is left over. >> may it please the court, this case is fundamentally different from king because california's law applies to people who are never charged with an offense d those who are discharged from lack of probable cause. there is nothing that can justify taking d.n.a. from these individuals who are not being prosecuted. king is tracking people as they go through the criminal justice system up through trial. >> counsel, i respect the sincerity of you

my d.n.a. is still in the database, i would like to bring an action on behalf of myself and all similarly situated to have that information ex-pungsed, we'll take that up. -- expunged. we'll take that up. that would be an interesting case. but why is that something you decide now in a preconviction case with a class that you've practically admitted is too broad? why isn't the right thing to do the if not affirm, but at very least, don't we need to send it back for you to reformulate your class. >> because there's no need to reformulate the class. >> you do concede that there are some people in your class, perhaps quite a great many people, who are just like king in every way. >> yes. >> and they lose. >> yes. >> how can we have a relief afforded to a class when you yourself admit that some people in your class don't get the relief. we can't reshape classes. >> what this court can do is announce the correct rule of law and the district court can apply that. the entire class is important because

so d.n.a. at booking is the equivalent of fingerprints and that is what the court recognized. >> that may be so, but that is not in fact covered by the opinion. it may follow logically from what the opinion says. is the case talking about expungement of fingerprints? the very question that judge smith asked you about -- is there a case saying that has litigated a question of whether or not finger prints need to be expunged? i don't think there is. >> there are california state cases. >> yes, who cares. [laughter] >> for the individual -- >> federal law also as a retention policy. >> i'm asking has the case been litigated as a federal constitutional matter? i thought you were saying there are state cases dealing with it, and that's fine. is there a constitutional case dealing with retention of fingerprint? most of us gave up fingerprints when we became members of the bar. >> and the bench. >> well that was voluntary. we could have said no, i suppose. i gave out ten fingerprint sets. they couldn'

her d.n.a. being tested 31 days later did not help the jail deal with security issues, she was not in jail. >> so define for us what is the class or how do you define the people who to whom this lawsuit applies? as to the members of this class how do you define the people with regard to this class? it hadn't been certified, right? >> yes it was certified in july of 2010. >> that class encompasses everybody who is arrested? >> everybody who is arrested and is required to give a d.n.a. sample. >> so you have to talk about everybody and that brings to us just like king. you can no longer talk about your individual people. you have to talk about the class. the class applies to everyone to whom the statute applies. in that respect the second thing here, the second interest is just like in king, right? >> well, there can be subclasses and there is the possibility of creating subclasses. but the fact there is a class that includes everyone does not mean everyone in the class is entitled to relief. here

d.n.a. testing by the ninth court of appeals. they heard arguments in haskell harris. this is just over an hour. >> good afternoon, the court of appeals for the ninth circuit is now in session. good afternoon. please be seated. we're here for the argument of haskell versus harris. judge gould is appearing by video. good afternoon judge gould, can you hear me? >> good afternoon. >> you are coming through loud and clear. are we coming through? >> great. i can hear you fine. >> okay, counsel ready? you may proceed. >> good afternoon. michaelerisher for the appealants.nd i'd ask to reserve five minutes for the rebuttal. >> you have the clock. you'll have what is left over. >> may it please the court, this case is fundamentally different from king because california's law applies fully to people who are never charged with an offense and those who are want of probable cause under mcclough lin and gerstein. interests that king identifies can justify taking d.n.a. from these individuals prosecuted b

d.n.a. is our genetic blueprint.ker prints have a history of being used to identify people, they do an excellent job of that. people who are arrested can be identified within minutes using their finger prints. none of this is true with respect to d.n.a. and if the court had simply wanted to say there is no problem using d.n.a. anytime our system wants to use finger prints whether it's in the criminal justice system or applying for a drivers license it could have said. so instead king as required by her cases engages in a new toalty of the circumstances balancing test and only after doing that decides that d.n.a. can be appropriately used in certain circumstances. >> counsel, are you challenging the initial taking of the d.n.a. or the subsequent use? it seems to me on page 21 of the supreme court's opinion, the court wrote the additional intrusion upon the assistee's privacy is not significant and d.n.a. is a markedly more accurate form of identifying arrestees. i reid that to means the okay to take the d.n.a. at the

d.n.a. is different from fingerprints. d.n.a. is our genetic blueprint. fingerprints have a history of being used to identify people, they do an excellent job of that. people who are arrested can be identified within minutes using their fingerprints. none of this is true with respect to d.n.a. and if the court had simply wanted to say there is no problem using d.n.a. anytime our system wants to use fingerprints whether it's in the criminal justice system or applying for a drivers license it could have said. so instead king as required by other cases engages in a new totality of the circumstances balancing test and only after doing that decides that d.n.a. can be appropriately used in certain circumstances. >> counsel, are you challenging the initial taking of the d.n.a. or the subsequent use? it seems to me that on page 21 of the supreme court's opinion, the court wrote the additional intrusion upon the arrestee's privacy beyond that associated with fingerprinting is not significant and d.n.a. is a markedly more accurate form of identifying arrestees. i r

they grew up liars they are liars they'll die liars their d.n.a. if you take it to another planet another universe another parallel dimension you can sell on the open market as d.n.a. that's made of pure lies whatever value that has in a parallel universe their lies their d.n.a. is made up of pure lies you know it's funny that they threaten to leave the u.k. if they were actually asked to obey the law i mean imagine jimmy savile here's a guy who committed pedophilia with over four hundred children and he's taken to the court take of the old bailey and his defenses if you prosecute me i'm going to go to switzerland that's what i just do you say if you prosecute me and are scads and scores and hundreds of incidents of fraud we threaten to leave the country and the government says well. cameron your. says of their stated capital ratios that they would appear to be nothing more than a mirage so that's what i'm going to say it's all a gram of god it is better proof yes they just b.c. there's nothing there except a lie it's traded on the footsie as a lie

they grew up liars they are liars they'll die liars their d.n.a.if you take it to another planet another universe another parallel dimension you could sell on the open market as d.n.a. that's made of pure lies whatever value that has in a parallel universe their lives their d.n.a. is made up of pure lies you know it's funny that they threaten to leave the u.k. if they were actually asked to obey the law i mean imagine jimmy savile here's a guy who committed pedophilia with over four hundred children and he's taken to the court taken the old bailey and his defense is if you prosecute me i'm going to go to switzerland that's what i just b.s.a. if you prosecute me and our scads and scores and hundreds of incidents of fraud we threaten to leave the country and the government says well. report throughout the day here one audience or national for now although the world update that's got some of the global headlines for you in brief and to the u.s. city of omaha now a large blocks of an animal feed plot in omaha is left two people dead and another ten ser

facing death sentences of course hundreds if not thousands of convicted prisoners have no access to d.n.a. evidence virtually ensuring that they will never be able to prove their innocence which is why the decades old case of fourteen year old george stinney is so important one hundred forty four said he became the youngest american citizen to be executed in the twentieth century for killing two white girls in south carolina this being the jim crow era cells the justice system completely failed stinney the moment he told officers that had talked to the girls on the day of their deaths without his parents or a lawyer present and he was taken into a room terror gated in according to police confessed to the crime within an hour however no written confession exists and reports at the time say that the officers offered stinney ice cream in exchange for the confession fast forward to today where a group of lawyers are trying to clear his name and force the state of south carolina to admit this grave injustice but of course for every person trying to create a more just society in this country th

in giving the d.n.a. information on rival gangs want us in a lower cartel essentially getting the u.s. agency to do its dirty work. well sure i mean in fact even officials admit that this is literally dirty work that having deals like these with leaders are like these are dirty work and security experts go even farther and say that arranging deals like these the strength in one cartel over others so that there's let's look at tension and disputed positives and then there were less violence is indeed a legitimate security strategy and it's one that has to be done in a war that's pretty much hard if not impossible to win and so this is their logic for doing these kind of things and that's kind of the logic behind getting intel on a cartel that's known to be much more despised by both the mexican and u.s. governments that is as they brag and routinely in narco montrose that the only cartel that doesn't have any agreements with the governments there are known for the most heinous and violent violent acts by o

. >> under the bill, law enforcement would have five days to send d.n.a. evidence from a rape kit to a crime laboratory which would have 30 days do upload the d.n.a. profile to the state database and require law enforcement to inform the victim if they can meet the deadlines. >> a vote in san francisco could determine whether the private buses that shuttle high ten workers to and from silicon valley can use bus stops in the city for a fee. residents and city officials complain that the shuting which -- that the shuttles clog up trait. the transportation officials will vote on the deal today that requires the operators to have a permit and pay a dollar for every stop they make in the city during the day of the abc7 news amy hollyfield will have more at the top the hour. >> tech crunch says it on thed a leaked memo that google sent to a san francisco resident employee who might want to speak in favor of the policy at today's meeting suggests talking points such as i am so proud to live in san francisco and be part of this community. or, if the shuttle progra

european opposition violence in its d.n.a. the kiev protests are slipping the control of the moderate opposition as far right movements and extremists move in. syria's opposition decides it will attend peace talks after the u.n. retracts an invitation to iran just a day before the geneva summit starts a move moscow has called a mistake. russian diplomats urged those attending the peace talks to focus on the terrorism plaguing syria amid reports of al qaeda training camps across the country our top stories. from our studio center here in moscow was just turned nine pm this is the international. radical opposition supporters in the ukrainian capital continued their assault on police barricades for a second night of government protests they want to force the country's entire leadership out raw to say they're not leaving and one that recently published new laws aimed at preventing them from holding rallies will only boost the violence and legislation was announced last week and quickly passed as the crisis escalated and is in. ten

but i know as you know we never said it was we said we don't know what it is and the d.n.a. analysis from dr nolan stanford is that nine percent of the genetic material isn't matching to humans now but as of last week we just discovered that the stature of this being which is. now this is a six can i finish my question to quickly because i think even making these allegations before you know i mean you're saying that we don't know does it discredit your larger attempt to expose the truth about you know if you're saying these things we can't see that did the beans that have been that you know supposedly were no i don't and i have never been to a facility where they've been autopsied however i know men who have been there those are the people in the disclosure project who have gone on the record who actually have been on retrieval teams so those are firsthand things that remember you know if the new york times had three people to confirm a very controversial political story they'd run with it we have over one hundred ten digital video tape with top secret clearances name rank a

so when the egg is fertilized the d.n.a. accompanies it.jesus knows that not that i idiot actor but jesus himself does know. >> yeah. >> directly ahead the national football league which rakes in $9 billion a year is a nonprofit. lou dobbs will explain. later, ms. megyn kelly on another embarrassment for pop star justin bieber. those reports after these messages. as a business owner, i'm constantly putting out fires. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my back around here. finally soone's recognizing me with unlimited rewards! meetings start at 11, cindy. [ male announcer get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every d. what's in your wallet? i need your timesheets, larry! open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business her

so when the egg is fertilized the d.n.a. accompanies it.'m sure jesus knows that not that i idiot actor but jesus himself does know. >> yeah. >> directly ahead the national football league which rakes in $9 billion a year is a nonprofit. lou dobbs will explain. later, ms. megyn kelly on another embarrassment for pop star justin bieber. those reports after these messages. ♪ wow...look at you. i've always tried to give it my best shot. these days i'm living with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. at first, i took warfarin, but i wondered, "could i up my game?" my doctor told me about eliquis. and three important reasons to take eliquis instead. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin. two, eliquis had less major bleeding than warfarin. and three... unlike warfarin, there's no routine blood testing. [ male announcer ] don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a s

facing death sentences of course hundreds if not thousands of convicted prisoners have no access to d.n.a. evidence virtually ensuring that they will never be able to prove their innocence which is why the decades old case of fourteen year old george stinney is so important one hundred forty four said he became the youngest american citizen to be executed in the twentieth century for killing two white girls in south carolina this being the jim crow era south the justice system completely failed stint in the moment he told officers that had talked to the girls on the day of their deaths without his parents or a lawyer present that he was taken into a room interrogated and according to police confessed to the crime within an hour however no written confession exists and reports at the time said that the officers offered stinney ice cream. and exchange for the confession the subsequent trial was similarly a complete farce said he was represented by a tax commissioner named charles plowden who according to mark jones an author who has written extensively about the case had political aspiratio

radiation is homeless independent scientists meanwhile overwhelmingly find the most serious problems from d.n.a. damage three times lower sperm counts two hundred ninety percent more brain tumors autism and defects the senior white house advisor and leading epidemiologist dr different davis has testified to senate on the subject she joins us great to see you how do you explain the completely opposite findings between industry and independent studies any time with independent research what industry would you whereas three things first they would go and talk to scientists studies. they would try to get them fired they tried to get their funding taken away or they would fraud then when that didn't work they hired other scientists who knew nothing about the field to do studies that looked like they were replicating. but they really weren't and when all of those things failed they wrote a memo in which they said the cellular industry is. we think we war gamed the science that's a quote war gamed the science now science is not a matter of war not a matter of games we're deadly serious about our healt

law enforcement would have five days to send d.n.a. evidence from a rape kit to a laboratory which has 30 days to upload the d.n.a. profile to the state database. the bill would also require law enforcement to inform the victim if it cannot meet the deadlines. >> east bay mother who lost two sons to gun violence in the last these weeks will receive support and consolation from another mother who suffer add similar loss. lamar broussard and another man were killed on sunday, broussard's younger brother, 13 shot and just buried last thursday. >> i don't have the courage to identify my baby the someone else has to go. i have to remember them exactly the way they were. >> she know was she is going through. taylor lost her 22-year-old tin sons in a shooting in february of 2000. after their deaths she start add nonprofit called one thousand mothers to prevent violence and will meet with the mother today. >>> the search is intensifying in russia for possible female suicide bomber who may already be inside the ring of security surrounding 9 ol

was direct experience that paul today is rooted in nationalism but there is violence i think in the d.n.a. of the ukrainian opposition more profoundly. mr klitschko is cold but clearly as a man who wishes to have both he still is a politician the kind of violence that he practiced when he was a book so. why do you think this is for live on other planets why the truth with such disregard on this one one of the things i think human mission to mars will accomplish is to make humans here on earth more sensible about life about life on this planet about the planet itself about the environment as so one of the one of the key benefits to march will be a better earth. how do you operate dealing piggy i'm going to with was going to sports such. as roof i'm not an olympic hockey player buying mostly is on the line. by fire. good night. sleep well like you were in your own house. i am. to. eat it would do if each to do is to get to fifty two to eat. any. food if you. do. it or want to do it would be a. few. moves. if you look. enough to make it more difficult they put up a demo wall tell me if you n

technology, d.n.a. there's two sides of technology of banking that marries together. investors include google, recently, but recently a large round of finances, but early investors like china and union square venturers. on the last aspect which is partnerships there are a number of exciting partnerships, including partnerships with banks that could be associated with the transformation of the industry. >> i can appreciate that lending club may have worked well. sounds like you have a plan in place. we have to leave it there. the ceo of lending club, congratulations on your success. third year in a row. congratulations to you and your staff. we look forward to keeping track of your future success. >> our question for today - target is dropping health care coverage for part-time workers. is it fair? why or why not. tweet us and follow us or leave us a demonstrate on facebook. if you want to see more about tonight's stories, log on to the website. aljazeera.com/realmoney. >> the national league championship game, the sup super-boesuper bowl will be held just across from