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Phone Calls with Law Enforcement Can Be Recorded By Philip J. Bonamo, Esq. – Florida Board Certified Criminal Trial Law Attorney

A Florida Appeals Court ruled this month that law enforcement have no expectation of
privacy while in their official roles/while on duty. As such, Florida’s 5 District Court of the
Appeals (5 DCA) has now stated that in Florida the state’s long-standing law against recording the
telephone calls without the permission of all parties to the call does not apply to calls with law
enforcement officers. The case that was on appeal was felony wiretapping convictions against a
gentleman from Floral City, Florida in regard to his recorded conversations with officers of the
Citrus County Sheriff’s Office about disputes over access to his property. Prosecutors had
charged the person with several counts of illegal wiretapping for recording conversations with
sheriff employees during his long dispute with their agency, and recording such conversations
without their knowledge. The 5 DCA said in their written opinion overturning the convictions, the
“[u]nder these circumstances, it cannot be said that any of the deputies exhibited a reasonable
expectation of privacy that society is willing to recognize.” The Court went on to say that “no
dispute that all conversations concerned matters of public business, occurred while the deputies
were on duty, and involved phones utilized for work purposes.”
If you have been arrested, accused, or charged with any type of crime, and you would like
to discuss your case and discuss legal representation and options, please give me a call. The
initial consultation is free.