WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, March 26, 2013

SUPREME COURT VICTORY

Major blog congratulations go to Miami PD Howard Blumberg who notched a win in the United States Supreme Court on Tuesday with the decision in Florida v. Jardines. 

The decision, authored by Justice Scalia (Motto: "strict constructionist unless it upends my statist conservative ideals") upheld the Florida Supreme Court's decision holding that a dog sniff on private property implicates the fourth amendment. 

We'll post a link to the opinion as soon as we find a working one and then we'll follow that up with what you've come to expect: scintillating legal analysis of Scalia's opinion. 

Here is the opinion. Florida v. Jardines.  "That dog won't hunt." Or sniff either. 

Here's a bit of Jardines trivia: Judge Will Thomas suppressed the evidence at the trial court level before the 3rd DCA reversed his decision here (Wells-who wrote the ill fated opinion- joined by Cope and Salter getting the loss in Florida Supreme Court and US Supreme Court) 

Here's the Florida Supreme Court Opinion. 

"Franky" the nosey dog who started this mess is currently considering offers to appear on 20-20, Dateline and as a "bark-dog" for Pets R Us. 

Until then, see you in court. 

15 comments:

Anonymous said...

A classic example of the great American problem > STUPIDITY < BORN IGNORANT AND NEVER GOT PAST IT > One Generation to the Next!

1960s were about interracial marriages. Fast forward to the 2000s, we're fighting so gays have the right to marry. Take a trip down to the deep south and there are still yahoos who believe interracial marriages should be illegal. People should date and marry whom they choose regardless of their ethnic background and sex. It is none of anyone’s business who marries or dates who. Why can't people just live and let live? The world would be such a better place. Love comes in all colors. I don't hear anybody complaining when a black dog mates with a white dog or a blue bird mates with a yellow bird. Just let people be.

As for those that say it's wrong to bring interracial kids into the world or children from gay marriages/couples will be faced with ridiculed and set up for problems here's what I say: Interracial kids and kids who have same sex parents are some of the most understanding kids on the planet. Just let people be happy!!

BTW interracial couples make adorable babies.

Average Joes get the girl because they touch more than her body. He touches her mind and soul. And a soft pat on the behind doesn't hurt.

Alvin Payne said...
This comment has been removed by a blog administrator.
CAPTAIN said...


Reprinted, with permission from The Captain:


THE CAPTAIN REPORTS:

IT ALL STARTS IN THE PITS ...

I don't know if Rumpole will post on the front page about the Supreme Court opinion, but if he does, he needs to start by recognizing, as many of us know, that it all starts in the "pits".

Joelis Jardines was arrested in December of 2006 and charged with Trafficking of Marijuana. He was lucky enough to get appointed a fine and dedicated young PD by the name of BRETT STEINBERG.

Brett had been an attorney for less than two years when he filed his Motion to Suppress and argued it, successfully, before Judge William Thomas. That took place in early 2007.

In 2008, Mr. Jardines was again blessed, when, after the State filed their notice of Appeal of Thomas' decision, the PD assigned veteran Appellate Attorney Howard Blumberg to the appeal.

Unlike Steinberg, Howard Blumberg had been an attorney for 30 years. But just like Steinberg, Blumberg fought this case like he has every other case he has handled for the past 30 years.

Blumberg lost in the 3rd DCA in 2008 when Judge Wells was joined by Judges’ Salter & Cope in a 3-0 decision reversing Judge Thomas.

Blumberg appealed the decision to the Florida Supreme Court. Three years later, after briefs were filed and arguments were made, Blumberg finally prevailed. The Florida Supreme Court, in a 5-2 decision, overturned the 3rd DCA and ruled that a "search" had taken place. The opinion was written by Justice Perry and joined by Justices’ Quince, Lewis, Pariente, & Labarga. Justice Polston wrote a Dissent in which Justice Canady joined.

Blumberg was back at it when the State filed their appeal before the SCOTUS. He continued the fight, filed his briefs, argued the appeal before the high court, and today, seven long years after Mr. Jardines home was searched, and six years after a young, two year APD named Brett Steinberg had successfully argued the Motion To Suppress, none other than Justice Scalia wrote a 5-4 opinion that upheld Judge William Thomas' original decision.

Congrats to the lawyers & staff of the Miami-Dade Public Defender's Office for a job well done.

CAPTAIN OUT .....
captain4justice@gmail.com



Tuesday, March 26, 2013 2:29:00 PM

Anonymous said...

Some of the best appellate lawyers in town worked for the public defender's office. Congrats to Howard on his usal exellent job.

Anonymous said...

Look at the opinion in the Third District in this case. This is an example of how the Third District Court of Appeal views a criminal case. It is a rubber stamp arena for the state. A criminal defendant does not stand a chance there. Put another way, if the communists invaded Miami, and the state attorney's office saw nothing wrong with it, the Third District would find no abuse of discretion.

Hab said...


Eh Rump. Canadian here. Looks like Daily Business Review is reading your blog. The talk about Supreme Court case and even quote Brett Steinberg in their article. They should be giving you credits. They never would have even known who Steinberg was or done a search and seizure story if not for your blog.

Last week The Herald nd this week the Daily Review. Your big time Rump.

How bout them Habs.

mikal said...

http://www.propublica.org/article/criminal-injustice-the-best-reporting-on-wrongful-convictions

Anonymous said...

Why did the State of Florida hire Latham and Watkins to do the SCT work on this? Isn't that why they have the AG?

CAPTAIN said...


Reprinted, with permission from The Captain

THE CAPTAIN REPORTS:

AND, your new County Court Judge is .....

to be named this week by Gov. Scott.

To refresh your memory, Judge Hendon's seat needs to be filled and the finalists are:

Robert Coppel
Jason Dimitris
Michelle Delancy
Steven Lieberman
Jonathan Meltz
Sandra Miller-Batiste

We expect to hear from Gov. Scott in the next 48 hours with his decision. I still believe that Mr. Dimitris has the inside shot.

Cap Out ....


Tuesday, March 26, 2013 11:35:00 AM

CAPTAIN said...



THE CAPTAIN REPORTS:

AND YOUR NEW COUNTY COURT JUDGE IS .....

JASON DIMITRIS

No my loyal readers, you are not reading double.

Above this post is my post from yesterday morning, reminding you that Governor Scott would be filing an open County Court seat.

And yes, I did predict that the appointment would go to none other than Jason Dimitris.

Mr. Dimitris is 42 years old and he has been a member of The Florida Bar since 1998.

From 98-03 he was an ASA here in Miami-Dade

From 03-05 he was an Assistant Statewide Prosecutor.

From 05-07 he was an AUSA in the Southern District of Florida.

From 07-11 he was Chief of Staff for Department of Children & Families.

And for the past two years he was General Counsel for Florida dept. of Management Services.

Congrats to Judge Dimitris.

CAPTAIN OUT ....
captain4justice@gmail.com

Anonymous said...

"Someone please tell me why me marrying my gay boyfriend offends his or her marriage to his or her spouse?"

Because it's bigamy!

facdl list serv leaker said...


Hey Horace. FACDL is reading your Blog too. Now they are talking about Brett Steinberg and giving him props as the trial attoreny who filed the Motion to Suppress.

And where, pray tell, did they get this information? From your Blog.

You da man Rump.


friend of ds said...



DS:

What happened my friend. I see that you are no longer a contribuutor to the blog. Did your boss finally say, enough?

We miss your comments.

Anonymous said...

I'm a fairly decent looking guy. I don't see myself as a stud or an average joe. I fall somewhere in between. I've heard and seen countless tales that were true about hot women dating good looking men, only to find, they in the long run were extremely self centered, caused by receiving too much attention in life from all walks of like, and without having to give anything for that but meerly existing. I know a hot hottie who is single. She had no-self-estem and didn't think she was good enough for any man. Somewhere in her past someone told her so, someone whom she trusted and loved but who obviously did not love her back.


Average Joes try harder in the relationship. Average Joes are more supportive of our hottie on all levels. Average Joes value her more.

Anonymous said...

Too bad Jardines was convicted of an Armed Robbery he picked up while out on bond on the marijuana case or he could have enjoyed the victory.