Hyland v. Wainwright

District Court of Appeal of Florida

Hyland v. Wainwright

356 So. 2d 14, 1977 Fla. App. LEXIS 16986

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1977

DocketNo. 76-1739

StatusPublished

Cited by2 cases

This text of 356 So. 2d 14 (Hyland v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hyland v. Wainwright, 356 So. 2d 14, 1977 Fla. App. LEXIS 16986 (Fla. Ct. App. 1977).

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Opinion

MOORE, Judge.

This is an appeal which concerns the admissibility of a tape recorded conversation of appellant and a co-defendant made without their knowledge while they were confined in a police car. Appellant and his co-defendant were arrested on a charge of burglary and placed in a police vehicle. Unbeknown to the appellant and his co-defendant was the fact that their conversation was being recorded without their express permission.

The facts of this case are identical to those which this court considered in Brown v. State, 349 So.2d 1196 (Fla. 4th DCA 1977), wherein we affirmed the admission of such a tape recording. Accordingly, the judgment and sentence imposed herein are

AFFIRMED.

DOWNEY and DAUKSCH, JJ., concur.

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