State v. Phipps
The State appealed an order suppressing wiretap evidence where the Statewide Prosecutor's written authorization contained a scrivener's error (an outdated phone number) that was corrected the next business day, while the actual application, affidavit, and court order all contained the correct number. The Fifth DCA reversed, holding that Chapter 934 imposes no formatting requirements on prosecutorial wiretap authorizations and that technical defects in such authorizations do not invalidate an otherwise properly authorized and executed wiretap order.
Key facts
- The State appealed a trial court order suppressing wiretap evidence based on a scrivener's error in the Statewide Prosecutor's written authorization, which contained an outdated phone number that was corrected the next business day, while the application, affidavit, and court order all contained the correct number.
- The trial court suppressed the wiretap evidence, finding the technical defect in the prosecutor's authorization document rendered the wiretap unlawful, despite the application, affidavit, and judicial order being otherwise complete and accurate.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies that Chapter 934 does not impose a writing or contemporaneity requirement on prosecutorial wiretap authorizations, meaning clerical errors in such authorizations that are promptly corrected will… — full analysis with a trial
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