District Court of Appeal of Florida

A conversation surreptitiously recorded with a mere witness is not the type of conversation allowed under the Florida wiretap law. A conviction for sexual battery is reversed pursuant to a claim of erroneous admission of evidence where a conversation at issue was not taped for the purpose of obtaining evidence of a criminal act, and thus, was improperly admitted under the state wiretap statute.

Appellate Information

• Decided 03/22/2006
• Published 03/22/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.