D.D.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
D.D.B. appeals a juvenile delinquency disposition order for making a false 911 call. The Florida District Court of Appeal reversed because the trial court admitted an audio recording of the alleged 911 calls without proper authentication under the Florida Evidence Code.
The court held that the audio recording was inadmissible because it was not properly authenticated. Authentication required not only identification of D.D.B.'s voice but also predicate evidence that the recording was of a telephone call received and handled by the 911 system on the relevant date.
[1] An audio recording must be properly authenticated before it can be admitted into evidence.
[2] Authentication of evidence requires proof sufficient to support a finding that the matter in question is what its proponent claims.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Authentication ... of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”
Establishes the legal standard for authentication under Florida Evidence Code § 90.901
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn December 19, 2011, D.D.B. allegedly made two calls to 911, with the second call being improper. At the adjudicatory hearing, the State introduced a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voice Identification cases and more on FLexlaw
D.D.B. appeals a disposition order withholding adjudication and placing her on juvenile probation for the delinquent act of “false 911 call.” We reverse the disposition order and remand for a new adjudicatory hearing because the juvenile court admitted an audio recording, allegedly of the 911 call, that was not properly authenticated.
The State filed a petition for delinquency in which it alleged that on December 19, 2011, D.D.B. “did access the telephone number ‘911’ for the purpose of making a false alarm or complaint or reporting false information which could result in the emergency response of a public safety agency.” Section 365.172(13), Florida Statutes (2011), makes misuse of the 911 and E911 system a criminal violation in Florida, and it describes acts that constitute first-degree misdemeanors and acts that constitute third-degree felonies. If sufficiently established, the acts alleged in this petition would constitute a first-degree *1185misdemeanor. See § 365.172(13), Fla. Stat. (2011).
The matter proceeded to an adjudicatory hearing at which, over objection, the State was allowed to introduce an audio recording of two calls purportedly made by D.D.B. to the 911 system on December 19, 2011. The second call was allegedly improper. Only one witness testified at this hearing. That witness was one of two police officers who had been dispatched to D.D.B.’s home, apparently as a result of a 911 call. Although this officer was still within eyeshot when D.D.B. allegedly made the second 911 call and she saw D.D.B. on the phone, she did not see the child dial 911 and did not actually hear the call in progress. The officer could merely identify D.D.B.’s voice on the audio recording.
We conclude that the court allowed the State to introduce the audio recording without sufficient authentication. See § 90.901, Fla. Stat. (2011) (“Authentication ... of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”); Knight v. State, 20 So.3d 451, 452 (Fla. 5th DCA 2009). The identification of D.D.B.’s voice on the recording is helpful to the State’s case, but authentication would also require other predicate evidence, including that the recording was of a telephone call received and handled by the 911 system on the relevant date.
We cannot treat this error as harmless in this case. On the record provided to this court, the audio recording was critical to establish that D.D.B. actually called 911, which was an essential component of the proof required to establish that she committed the delinquent act alleged in the petition for delinquency. Accordingly, we reverse the disposition order and remand for a new adjudicatory hearing.
Reversed and remanded.
KHOUZAM and SLEET, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Schluck v. State, 329 So. 3d 231 (Fla. 1st DCA 2021)…tion to the hearsay rule.6 The State indicated that it planned to introduce testimony of a person with knowledge of the university police call system, as well as that of a person who could authenticate the victim’s voice. See, e.g., D.D.B. v. State, 109 So. 3d 1184, 1185 (Fla. 2d DCA 2013) (holding that a 911 call recording was not properly authenticated and noting that “identification of D.D.B.’s voice on the recording is helpful to the State’s case, but authentication would also require other predicate evide…
-
Aldrin Gomez-Martinez v. State (Fla. 3d DCA 2025)
Authorities Cited
- Knight v. State, 20 So. 3d 451 (Fla. 5th DCA 2009)
- McCONNELL v. Est. OF Stanva V. Falletta, 20 So. 3d 451 (Fla. 5th DCA 2009)