Jones v. State, No. 76--187

CourtFlorida District Court of Appeals
Writing for the CourtBefore HENDRY, C.J., and NATHAN; PER CURIAM
Citation343 So.2d 921
Decision Date15 March 1977
Docket NumberNo. 76--187
PartiesEsaw JONES, Appellant, v. STATE of Florida, Appellee.

Page 921

343 So.2d 921
Esaw JONES, Appellant,
v.
STATE of Florida, Appellee.
No. 76--187.
District Court of Appeal of Florida, Third District.
March 15, 1977.

Page 922

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This is an appeal from a jury conviction of involuntary sexual battery with force likely to cause serious personal injury. Defendant Esaw Jones has raised several alleged errors which merit consideration by this court.

Prior to trial, the State filed a motion to take venous blood and saliva samples from the defendant. This motion was granted, although defendant objected on the grounds that the taking of blood constituted a search and the State had neither sought a search warrant nor demonstrated grounds which would have supported the issuance of a search warrant.

Although the blood sample was never actually admitted into evidence, a criminologist with the Dade County Public Safety Department testified at trial that she had examined the sample and drawn certain conclusions which indicated that the defendant could in fact have sexually assaulted the victim.

It is virtually axiomatic at this point that such testimony would be inadmissible if the blood were taken pursuant to an illegal search. Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). While the Florida Rules of Criminal Procedure authorize a judicial officer to require an accused to permit the taking of samples of his blood, such discovery is expressly subjected to constitutional limitations. Fla.R.Crim.P. 3.220(b)(1)(vii).

The United States Supreme Court delineated the parameters of these constitutional limitations in Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908

Page 923

(1966). There the Court noted that the 'interests in human dignity and privacy which the Fourth Amendment protects forbid any such intrusions on the mere chance that desired evidence might be obtained.' 384 U.S. at 769--770, 86 S.Ct. at 1835, 16 L.Ed.2d at 919.

A review of the facts surrounding the State's motion to obtain blood samples from the defendant herein has revealed insufficient probable cause to justify a compelled giving of blood. The State's motion simply stated that it had 'become important in the investigation to take...

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13 practice notes
  • Thorp v. State, No. SC91663.
    • United States
    • United States State Supreme Court of Florida
    • 16 Noviembre 2000
    ...its discretion in denying Thorp's motion to suppress the blood samples and the DNA test results from those samples. See Jones v. State, 343 So.2d 921, 922 (Fla. 3d DCA We must next determine whether the erroneous admission of the blood samples and resulting DNA analysis from those samples c......
  • McArthur v. State, 49526
    • United States
    • United States State Supreme Court of Florida
    • 30 Septiembre 1977
    ...to avoid tainting the jury panel with the substance of rumors which some prospective jurors might have heard. Accord, Jones v. State, 343 So.2d 921 (Fla. 3d DCA 1977). In fact, the record quite clearly shows that the jurors were not preconditioned to find for or against appellant, and that ......
  • Bruno v. Travelers Ins. Co., No. 79-1620
    • United States
    • Court of Appeal of Florida (US)
    • 5 Agosto 1980
    ..."available" to him. Government Employees Ins. Co. v. Lang, 387 So.2d 976 (Fla. 2d DCA 1980); Arrieta v. Volkswagen Ins. Co., supra, 343 So.2d at 921 (dictum). It is all the more certain that he is entitled to no underinsured benefits in the present, a fortiori situation in which he has actu......
  • Davis v. State, No. 63374
    • United States
    • Florida Supreme Court
    • 4 Octubre 1984
    ...discretion. Stone v. State, 378 So.2d 765 (Fla.1979), cert. denied, 449 U.S. 986, 101 S.Ct. 407, 66 L.Ed.2d 250 (1980); Jones v. State, 343 So.2d 921 (Fla. 3d DCA), cert. denied, 352 So.2d 172 (Fla.1977). The purpose of Page 70 conducting voir dire is to secure an impartial jury. Lewis v. S......
  • Request a trial to view additional results
13 cases
  • Thorp v. State, No. SC91663.
    • United States
    • United States State Supreme Court of Florida
    • 16 Noviembre 2000
    ...its discretion in denying Thorp's motion to suppress the blood samples and the DNA test results from those samples. See Jones v. State, 343 So.2d 921, 922 (Fla. 3d DCA We must next determine whether the erroneous admission of the blood samples and resulting DNA analysis from those samples c......
  • McArthur v. State, 49526
    • United States
    • United States State Supreme Court of Florida
    • 30 Septiembre 1977
    ...to avoid tainting the jury panel with the substance of rumors which some prospective jurors might have heard. Accord, Jones v. State, 343 So.2d 921 (Fla. 3d DCA 1977). In fact, the record quite clearly shows that the jurors were not preconditioned to find for or against appellant, and that ......
  • Bruno v. Travelers Ins. Co., No. 79-1620
    • United States
    • Court of Appeal of Florida (US)
    • 5 Agosto 1980
    ..."available" to him. Government Employees Ins. Co. v. Lang, 387 So.2d 976 (Fla. 2d DCA 1980); Arrieta v. Volkswagen Ins. Co., supra, 343 So.2d at 921 (dictum). It is all the more certain that he is entitled to no underinsured benefits in the present, a fortiori situation in which he has actu......
  • Davis v. State, No. 63374
    • United States
    • Florida Supreme Court
    • 4 Octubre 1984
    ...discretion. Stone v. State, 378 So.2d 765 (Fla.1979), cert. denied, 449 U.S. 986, 101 S.Ct. 407, 66 L.Ed.2d 250 (1980); Jones v. State, 343 So.2d 921 (Fla. 3d DCA), cert. denied, 352 So.2d 172 (Fla.1977). The purpose of Page 70 conducting voir dire is to secure an impartial jury. Lewis v. S......
  • Request a trial to view additional results

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