State v. Arsham

Full title: The STATE of Florida, Petitioner, v. Roger ARSHAM, Respondent

Court: District Court of Appeal of Florida, Third District

Date published: Dec 24, 2003

861 So. 2d 113 (Fla. Dist. Ct. App. 2003)

Opinion

No. 3D03-2598.

December 24, 2003.

A Writ of Certiorari to the Circuit Court for Dade County, Diane Ward, Judge.

Charles J. Crist, Jr. Attorney General and Roberta G. Mandel, Assistant Attorney General, for petitioner.

Ellis Rubin and Robert I. Barrar, Miami, for respondent.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.

PER CURIAM.

Because the showing made by the criminal defendant below was totally insufficient to justify a bodily intrusion into the privacy of the alleged victim, the order requiring her to provide a DNA sample is quashed. See State v. Famiglietti, 817 So.2d 901 (Fla. 3d DCA 2002), review dismissed, 838 So.2d 528 (Fla. 2003); State v. Kuntsman, 643 So.2d 1172 (Fla. 3d DCA 1994); State v. Brewster, 601 So.2d 1289 (Fla. 5th DCA 1992); Bartlett v. Hamwi, 626 So.2d 1040 (Fla. 4th DCA 1993).

Certiorari granted.