The 3rd DCA reversed Judge Milt Hirsch this week in a case in which Judge Hirsch suppressed DNA obtained via consent for one case, but in which the DNA was matched to another crime in the database.
We don't have Judge Hirsch's order granting the defense's motion to suppress but what we can glean from the decision is that the privacy concerns and the issues of governmental intrusion into our genetic code fueled the order- along with Judge Alex Kozinsky's powerful dissent in U.S. v. Kincade, 379 F.3d 813, 870 (9th Cir. 2014).
Here is the link to the 3rd's opinion. State v. Gibson. (If this was in Broward you might have to pay to read it, but no one has ever mistaken this venue for Broward).
If we didn't have intelligent and thoughtful and courageous Judges who are willing to look at cases and issues from outside the box and from different angles, then we would just have a rubber-stamp judiciary (11th Cir anyone?) in which cases and defendants are transported into the maw of the criminal justice system and come out the backend broken and incarcerated with their convictions routinely affirmed (11th Cir anyone?).
Thankfully we have some judges who don't run in that hamster wheel that the government tries to force them into.
BTW: It's National Peanut Butter Fudge Day. The resolution approving the day cleared the senate last year 51-49 and President Obama signed the bill into law.
See you in court.
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