Miles v. State

District Court of Appeal of Florida

Miles v. State

404 So. 2d 778, 1981 Fla. App. LEXIS 21126

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1981

DocketNo. WW-491

StatusPublished

This text of 404 So. 2d 778 (Miles 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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Miles v. State, 404 So. 2d 778, 1981 Fla. App. LEXIS 21126 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Bobbie Paul Miles appeals his convictions on two counts of unlawful sale of a controlled substance, contending that the trial court erred in denying his motion to suppress tape recordings of conversations between Miles and one of his employees made in Miles’ home. In State v. Sarmiento, 397 So.2d 643 (Fla.1981), and Hoberman v. State, 400 So.2d 758 (Fla.1981), the Florida Supreme Court has held that the Florida Constitution prohibits the warrantless interception of tape recording of a private conversation conducted in the home. None of Miles’ other points on appeal have merit.

Accordingly, the judgment of conviction must be reversed.

BOOTH, SHAW and WENTWORTH, JJ., concur.

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PER CURIAM.

Bobbie Paul Miles appeals his convictions on two counts of unlawful sale of a controlled substance, contending that the trial court erred in denying his motion to suppress tape recordings of conversations between Miles and one of his employees made in Miles’ home. In State v. Sarmiento, 397 So.2d 643 (Fla.1981), and Hoberman v. State, 400 So.2d 758 (Fla.1981), the Florida Supreme Court has held that the Florida Constitution prohibits the warrantless interception of tape recording of a private conversation conducted in the home. None of Miles’ other points on appeal have merit.

Accordingly, the judgment of conviction must be reversed.

BOOTH, SHAW and WENTWORTH, JJ., concur.

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404 So. 2d 778, 1981 Fla. App. LEXIS 21126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-state-fladistctapp-1981.

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