JOSEPH H. PADGETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motel room used for illegal activity is not the functional equivalent of a home, and therefore warrantless interception of conversations therein is permissible.
Appellant was convicted of unlawful compensation and challenged the denial of a motion to suppress tape recordings of conversations made with a police…
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WENTWORTH, Judge.
Appellant seeks review of a judgment of conviction and sentence imposed for the offense of unlawful compensation, § 838.-016, Florida Statutes. We affirm the order appealed.
Among other contentions, appellant alleges error based upon the court’s denial of a motion to suppress tape recordings made from the warrantless interception, pursuant to § 934.03(2)(c), Florida Statutes, of conversations between appellant and a police informant. The tapes include conversations which occurred in a motel room appellant used in furtherance of his illegal activity. The record indicates that upon being contacted at his private residence appellant arranged meetings at the motel room.
Article I, § 12, Florida Constitution, precludes the warrantless interception of private conversations conducted in the subject’s home. State v. Sarmiento, 397 So. 2d 643 (Fla.1981); also see Hoberman v. State, 400 So. 2d 758 (Fla.1981). However, in the circumstances of the present case we reject appellant’s suggestion that his motel room was the “functional equivalent” of a home, and we thus conclude that Sarmiento and Hoberman are inapplicable in this instance.
The order appealed is affirmed.
BOOTH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Sarmiento, 397 So. 2d 643 (Fla. 1981)
- Hoberman v. State, 400 So. 2d 758 (Fla. 1981)