03-2598 STATE V. ARSHAM

State: Florida

Court: Florida Third District Court

Docket No: 03-2598 STATE V. ARSHAM

Case Date: 12/24/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

THE STATE OF FLORIDA, Petitioner, vs. ROGER ARSHAM, Respondent.

** ** ** ** ** CASE NO. 3D03-2598 LOWER TRIBUNAL NO. 03-12989

Opinion filed 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, 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.

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