Kay v. State

District Court of Appeal of Florida

Kay v. State

449 So. 2d 369, 1984 Fla. App. LEXIS 12777

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1984

DocketNo. 82-100

StatusPublished

This text of 449 So. 2d 369 (Kay v. State) 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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Kay v. State, 449 So. 2d 369, 1984 Fla. App. LEXIS 12777 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Appellant’s convictions of and sentences for delivery of methaqualone and possession of cocaine are affirmed.

Defendant’s contention that the police violated his right to privacy by utilizing a “body bug” in the defendant’s office is without merit. In Morningstar v. State, 428 So.2d 220 (Fla.1982), cert. denied, — U.S. -, 104 S.Ct. 86, 78 L.Ed.2d 95 (1983), the supreme court, finding section 934.03(2)(c), Florida Statutes (1979) constitutional, held that article 1, section 12 of the Florida Constitution does not prohibit a warrantless electronic interception of a defendant’s conversation by an undercover police officer in a defendant’s office or place of business. That holding compels our affirmance here.

Accordingly, the defendant’s convictions and sentences are affirmed.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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PER CURIAM.

Appellant’s convictions of and sentences for delivery of methaqualone and possession of cocaine are affirmed.

Defendant’s contention that the police violated his right to privacy by utilizing a “body bug” in the defendant’s office is without merit. In Morningstar v. State, 428 So.2d 220 (Fla.1982), cert. denied, — U.S. -, 104 S.Ct. 86, 78 L.Ed.2d 95 (1983), the supreme court, finding section 934.03(2)(c), Florida Statutes (1979) constitutional, held that article 1, section 12 of the Florida Constitution does not prohibit a warrantless electronic interception of a defendant’s conversation by an undercover police officer in a defendant’s office or place of business. That holding compels our affirmance here.

Accordingly, the defendant’s convictions and sentences are affirmed.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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449 So. 2d 369, 1984 Fla. App. LEXIS 12777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kay-v-state-fladistctapp-1984.

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