Waite v. State
Waite pled nolo contendere to charges including five counts of unlawful interception of 'oral communication' under section 934.03(1)(a) for secretly recording phone calls with sheriff's deputies, and to battery on a law enforcement officer and resisting arrest with violence. The Fifth DCA reversed the denial of Waite's motion to dismiss the interception charges, holding the deputies had no reasonable expectation of privacy during on-duty phone conversations conducted on official phones, but affirmed the battery and resisting convictions because Waite failed to show the deputies lacked good faith in executing the arrest warrant.
Key facts
- Waite pled nolo contendere to five counts of unlawful interception of oral communications for secretly recording phone calls with sheriff's deputies, and to battery on a law enforcement officer and resisting arrest with violence.
- The trial court denied Waite's motion to dismiss the interception charges, and Waite was convicted on all counts.
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Why it matters
This opinion is significant because it clarifies that Florida's oral-communication wiretap statute does not protect law enforcement officers conducting official business on duty via office/cell phones from being… — full analysis with a trial
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