SAMUEL WILLIAM BARR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Criminal Conviction cases and more on FLexlaw
GOSHORN, Judge.
Samuel William Barr appeals his convictions arising from his sexual abuse of his daughter. On review, we find that the trial court properly admitted the audiotape of a telephone conversation Barr held with his daughter because it was taped under the direction of a law enforcement officer as permitted by paragraph 934.03(2)(c), Florida Statutes (1993). We likewise find Barr had no reasonable expectation of privacy under article I, section 23 of the Florida Constitution. See Franco v. State, 376 So. 2d 1168 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 636 (Fla.1980). Neither was it error to allow the jury to listen to the audiotaped conversation between Barr and his daughter during deliberations. See Baxter v. State, 375 So. 2d 16 (Fla. 2d DCA 1979), cert. denied, 383 So. 2d 1190 (Fla.1980).
AFFIRMED.
COBB, J., concurs.
PETERSON, C.J., concurs -without participation at oral argument.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Malone v. State, 944 So. 2d 1256 (Fla. 3d DCA 2007)…PER CURIAM. Affirmed. See § 934.03(2)(e), Fla. Stat. (2002); Commerford v. State, 728 So. 2d 796 (Fla. 4th DCA 1999); Barr v. State, 659 So. 2d 370 (Fla. 5th DCA 1995), review denied, 667 So. 2d 774 (Fla.1996); Franco v. State, 376 So. 2d 1168 (Fla. 3d DCA 1979), cert, denied, 386 So. 2d 636 (Fla. 1980).…
-
State v. Stout, 693 So. 2d 657 (Fla. 4th DCA 1997)…the use of a pen register device. Shaktman did not discuss whether article I, section 23 applied to telephone conversations taped with the consent of one of the parties as provided in section 934.03(2)(c), Florida Statutes (1993). In Barr v. State, 659 So. 2d 370 (Fla. 5th DCA 1995), rev. denied, 667 So. 2d 774 (Fla.1996), the Fifth District Court of Appeal, on facts similar to those before us, concluded: [Tjhat the trial court properly admitted the audiotape of a telephone conversation Barr held with his d…
-
State v. Russell, 814 So. 2d 483 (Fla. 5th DCA 2002)…ne, there would be nothing amiss about it pursuant to section 934.03(2)(c), because it was taped with the consent of one party and for the purpose of gathering evidence about a crime. State v. Sobel, 743 So. 2d 38 (Fla. 5th DCA 1999); Barr v. State, 659 So. 2d 370 (Fla. 5th DCA 1995); State v. Stout, 693 So. 2d 657 (Fla. 4th DCA 1997). Nor do we think Russell had any reasonable subjective expectation of privacy for his in-prison conversation, or that there is a societal recognition that such an expectation i…
Authorities Cited
- Kellogg v. Found, 376 So. 2d 1168 (Fla. 5th DCA 1979)
- Franco v. State, 376 So. 2d 1168 (Fla. 3d DCA 1979)
- Baxter v. State, 375 So. 2d 16 (Fla. 2d DCA 1979)