Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 934.9 - Full Text and Legal Analysis
Florida Statute 934.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 934.09 Case Law from Google Scholar Google Search for Amendments to 934.09

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
F.S. 934.09
934.09 Procedure for interception of wire, oral, or electronic communications.
(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under ss. 934.03-934.09 shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:
(a) The identity of the investigative or law enforcement officer making the application and the officer authorizing the application.
(b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his or her belief that an order should be issued, including:
1. Details as to the particular offense that has been, is being, or is about to be committed.
2. Except as provided in subsection (11), a particular description of the nature and location of the facilities from which, or the place where, the communications are to be intercepted.
3. A particular description of the type of communications sought to be intercepted.
4. The identity of the person, if known, committing the offense and whose communications are to be intercepted.
(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.
(d) A statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.
(e) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application.
(f) When the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain such results.
(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.
(3) Upon such application, the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting, and outside such jurisdiction but within the State of Florida in the case of a mobile interception device authorized by the judge within such jurisdiction, if the judge determines on the basis of the facts submitted by the applicant that:
(a) There is probable cause for belief that an individual is committing, has committed, or is about to commit an offense as provided in s. 934.07.
(b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception.
(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.
(d) Except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception of any wire, oral, or electronic communication shall specify:
(a) The identity of the person, if known, whose communications are to be intercepted.
(b) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted.
(c) A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates.
(d) The identity of the agency authorized to intercept the communications and of the person authorizing the application.
(e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

An order authorizing the interception of a wire, oral, or electronic communication shall, upon the request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. The obligation of a provider of wire, oral, or electronic communication service under such an order may include, but is not limited to, conducting an in-progress trace during an interception, or providing other assistance to support the investigation as may be specified in the order. Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance.

(5) No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization or in any event longer than 30 days. Such 30-day period begins on the day on which the agent or officer of the law enforcement agency first begins to conduct an interception under the order or 10 days after the order is entered, whichever occurs earlier. Extensions of an order may be granted but only upon application for an extension made in accordance with subsection (1) and upon the court making the findings required by subsection (3). The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under ss. 934.03-934.09, and must terminate upon attainment of the authorized objective or in any event in 30 days. If the intercepted communication is in code or foreign language and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under ss. 934.03-934.09 may be conducted in whole or in part by government personnel or by an individual operating under a contract with the government, acting under the supervision of an agent or officer of the law enforcement agency authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered pursuant to ss. 934.03-934.09, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer specially designated by the Governor, the Attorney General, the statewide prosecutor, or a state attorney acting under this chapter, who reasonably determines that:
(a) An emergency exists that:
1. Involves immediate danger of death or serious physical injury to any person, the danger of escape of a prisoner, or conspiratorial activities threatening the security interest of the nation or state; and
2. Requires that a wire, oral, or electronic communication be intercepted before an order authorizing such interception can, with due diligence, be obtained; and
(b) There are grounds upon which an order could be entered under this chapter to authorize such interception

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within 48 hours after the interception has occurred or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. If such application for approval is denied, or in any other case in which the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of s. 934.03(4), and an inventory shall be served as provided for in paragraph (8)(e) on the person named in the application.

(8)(a) The contents of any wire, oral, or electronic communication intercepted by any means authorized by ss. 934.03-934.09 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his or her directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge, or that judge’s successor in office, and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of s. 934.08(1) and (2) for investigations.
(b) The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under s. 934.08(3), as required by federal law.
(c) Applications made and orders granted under ss. 934.03-934.09 shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. As required by federal law, such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, or that judge’s successor in office, and in any event shall be kept for 10 years.
(d) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.
(e) Within a reasonable time but not later than 90 days after the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his or her discretion to be in the interest of justice, an inventory which shall include notice of:
1. The fact of the entry of the order or the application.
2. The date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application.
3. The fact that during the period wire, oral, or electronic communications were or were not intercepted.

The judge, upon the filing of a motion, may make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications, and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this paragraph may be postponed.

(9) As required by federal law, the contents of any intercepted wire, oral, or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than 10 days before the trial, hearing, or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved. This 10-day period may be waived by the judge if he or she finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority may move to suppress the contents of any intercepted wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that:
1. The communication was unlawfully intercepted;
2. The order of authorization or approval under which it was intercepted is insufficient on its face; or
3. The interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of ss. 934.03-934.09. The judge, upon the filing of such motion by the aggrieved person, may make available to the aggrieved person or his or her counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.

(b) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) or the denial of an application for an order of approval if the attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order was entered and shall be diligently prosecuted.
(c) The remedies and sanctions described in ss. 934.03-934.10 with respect to the interception of electronic communications are the only judicial remedies and sanctions for violations of those sections involving such communications.
(11) The requirements of subparagraph (1)(b)2. and paragraph (3)(d) relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:
(a) In the case of an application with respect to the interception of an oral communication:
1. The application is by an agent or officer of a law enforcement agency and is approved by the Governor, the Attorney General, the statewide prosecutor, or a state attorney.
2. The application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted.
3. The judge finds that such specification is not practical.
(b) In the case of an application with respect to a wire or electronic communication:
1. The application is by an agent or officer of a law enforcement agency and is approved by the Governor, the Attorney General, the statewide prosecutor, or a state attorney.
2. The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility or that the person whose communications are to be intercepted has removed, or is likely to remove, himself or herself to another judicial circuit within the state.
3. The judge finds that such showing has been adequately made.
4. The order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

Consistent with this paragraph, a judge of competent jurisdiction may authorize interception within this state, whether the interception is within or outside the court’s jurisdiction, if the application for the interception makes a showing that some activity or conspiracy believed to be related to, or in furtherance of, the criminal predicate for the requested interception has occurred or will likely occur, or the communication to be intercepted or expected to be intercepted is occurring or will likely occur, in whole or in part, within the jurisdiction of the court where the order is being sought.

(12) If an interception of a communication is to be carried out pursuant to subsection (11), such interception may not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided under paragraph (11)(b) may petition the court to modify or quash the order on the ground that the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the state, shall decide such a petition expeditiously.
History.s. 9, ch. 69-17; s. 2, ch. 78-376; s. 7, ch. 88-184; s. 7, ch. 89-269; s. 1, ch. 94-101; s. 92, ch. 95-211; s. 1584, ch. 97-102; s. 11, ch. 2000-369; ss. 2, 3, ch. 2001-359; ss. 4, 5, ch. 2002-72.

F.S. 934.09 on Google Scholar

F.S. 934.09 on CourtListener

Amendments to 934.09


Annotations, Discussions, Cases:

Cases Citing Statute 934.09

Total Results: 75

United States v. Bascaro

742 F.2d 1335

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 1984 | Docket: 66200332

Cited 236 times | Published

requirement common to the Florida and federal statutes. § 934.09(l)(c), Fla.Stats.; 18 U.S.C. § 2518(l)(c). Before

United States v. Bobby Roy Dennis, Sr., Sharon Denise Cohen, Clarence Bobby Jennings, Brenda Jewell Hurley

786 F.2d 1029, 1986 U.S. App. LEXIS 24069

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 1986 | Docket: 580336

Cited 99 times | Published

F.2d at 1347-48; see Fla.Stat.Ann. § 934.09(l)(c) (West 1973); 18 U.S.C. § 2518(l)(c). A mere

United States v. Steven B. Aisenberg

358 F.3d 1327, 2004 U.S. App. LEXIS 1858, 2004 WL 225538

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 2004 | Docket: 212991

Cited 85 times | Published

authorization, as required by Florida Statute § 934.09(5) (1997); and (9) that the codnty detectives

Shaktman v. State

553 So. 2d 148, 1989 WL 120852

Supreme Court of Florida | Filed: Oct 12, 1989 | Docket: 1675568

Cited 36 times | Published

interception of wire, oral, or electronic communication. § 934.09(6), Fla. Stat. (Supp. 1988).

United States v. Sylvester Anthony Domme, Jr. And Thomas Allen Domme

753 F.2d 950, 1985 U.S. App. LEXIS 28158

Court of Appeals for the Eleventh Circuit | Filed: Feb 21, 1985 | Docket: 598791

Cited 36 times | Published

F.2d at 1347-48; see Fla. Stat.Ann. § 934.09(l)(c) (West 1973); 18 U.S.C. § 2518(l)(c). A mere

United States v. Harvey

560 F. Supp. 1040, 1983 U.S. Dist. LEXIS 19258

District Court, S.D. Florida | Filed: Feb 14, 1983 | Docket: 965461

Cited 31 times | Published

insufficient probable cause in accordance with Fla.Stat. § 934.09(3) to issue the order. As in the federal statute

Rodriguez v. State

297 So. 2d 15

Supreme Court of Florida | Filed: Jun 26, 1974 | Docket: 1510434

Cited 28 times | Published

with these issues in turn. PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap

United States v. Carrazana

921 F.2d 1557, 1991 U.S. App. LEXIS 1180

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 1991 | Docket: 512064

Cited 24 times | Published

B. Probable Cause 28 Section 934.09(3)(a), Florida Statutes, requires that issuance

In Re Grand Jury Investigation

287 So. 2d 43

Supreme Court of Florida | Filed: Dec 5, 1973 | Docket: 1170844

Cited 21 times | Published

violation of this chapter." (Emphasis supplied.) F.S. § 934.09(9)(a), F.S.A., provides as follows: "Any aggrieved

Horn v. State

298 So. 2d 194

District Court of Appeal of Florida | Filed: Jul 2, 1974 | Docket: 1439301

Cited 14 times | Published

would be in violation of this chapter." Florida Statute 934.09(8), F.S.A. provides in material part as

State v. Jackson

650 So. 2d 24, 1995 WL 48439

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1703051

Cited 12 times | Published

enforcement agency follows the wiretap procedures in section 934.09. An order authorizing the interception of wire

Shaktman v. State

529 So. 2d 711, 1988 WL 26257

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793

Cited 11 times | Published

connection with these offenses as required by section 934.09(3)(a), Florida Statutes (1983).[14] *721 In

Hudson v. State

368 So. 2d 899

District Court of Appeal of Florida | Filed: Feb 27, 1979 | Docket: 1389408

Cited 11 times | Published

through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of

State v. News-Press Pub. Co.

338 So. 2d 1313, 2 Media L. Rep. (BNA) 1240

District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 1511834

Cited 10 times | Published

violation of this chapter." On the other hand, Section 934.09(9)(a), Florida Statutes (1973) provides that

State v. McCormick

719 So. 2d 1220, 1998 WL 653600

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 151519

Cited 9 times | Published

recordings shall be wherever the judge orders." § 934.09(7)(a), Fla. Stat. (1997).

Sarno v. State

424 So. 2d 829

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1297033

Cited 9 times | Published

and did not meet the standards set out in Section 934.09(1)(c), Florida Statutes (1977), concerning

State v. Tsavaris

382 So. 2d 56

District Court of Appeal of Florida | Filed: Mar 6, 1980 | Docket: 1255198

Cited 9 times | Published

[7] Chapter 934 contains the same provision. § 934.09(7)(a), Fla. Stat. (1979). The words "intercept

Bagley v. State

397 So. 2d 1036

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 1357215

Cited 8 times | Published

State, 377 So.2d 237 (Fla.2d DCA 1979). Both section 934.09(1), Florida Statutes (1979), and its federal

State v. Shaktman

389 So. 2d 1045

District Court of Appeal of Florida | Filed: Oct 14, 1980 | Docket: 1282018

Cited 8 times | Published

(holding that the custody and seal provisions of Section 934.09 do not apply to consent interceptions which

Wilson v. State

377 So. 2d 237

District Court of Appeal of Florida | Filed: Nov 28, 1979 | Docket: 423656

Cited 7 times | Published

with the procedural requirements set out in Section 934.09(1)(c), Fla. Stat., and 18 U.S.C. § 2518(1)(c)

State v. Otte

887 So. 2d 1186, 2004 WL 2251849

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 466590

Cited 6 times | Published

information in accordance with the requirements of section 934.09(1), Florida Statutes (1999). A judge may issue

United States v. Aisenberg

247 F. Supp. 2d 1272, 2003 U.S. Dist. LEXIS 2496, 2003 WL 403071

District Court, M.D. Florida | Filed: Jan 31, 2003 | Docket: 2517956

Cited 6 times | Published

commission of such an offense. See FLA. STAT. § 934.09(3)(a), (b), and (d). IV. A. The initial application

Bouler v. State

389 So. 2d 1197

District Court of Appeal of Florida | Filed: Oct 16, 1980 | Docket: 1683184

Cited 6 times | Published

wiretap within the ninety day period provided by section 934.09(7)(e), Florida Statutes (1977); (3) that the

Daniels v. State

381 So. 2d 707

District Court of Appeal of Florida | Filed: Feb 1, 1979 | Docket: 2486869

Cited 6 times | Published

appeared to be unlikely to succeed if tried. F.S. 934.09 sets forth the procedure for interception of

Smith v. State

438 So. 2d 10

District Court of Appeal of Florida | Filed: May 25, 1983 | Docket: 1731774

Cited 5 times | Published

failed or are unlikely to succeed, required by section 934.09(1)(c), Florida Statutes (1975), is made if

Copeland v. State

435 So. 2d 842

District Court of Appeal of Florida | Filed: May 13, 1983 | Docket: 1328498

Cited 5 times | Published

the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried

State v. Birs

394 So. 2d 1054

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1692272

Cited 5 times | Published

failed or were too dangerous, as required by Section 934.09(3) Florida Statutes (1979). We conclude that

State v. Aurilio

366 So. 2d 71

District Court of Appeal of Florida | Filed: Dec 20, 1978 | Docket: 1228428

Cited 5 times | Published

Several of the reports required to be filed by Section 934.09(6), Florida Statutes, were not filed by the

Jackson v. State

636 So. 2d 1372, 1994 WL 180402

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1361718

Cited 3 times | Published

enforcement officer is not included in this group. Section 934.09 sets out the stringent procedures that must

United States v. Carrazana

921 F.2d 1557, 1991 WL 2188

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 1991 | Docket: 66260275

Cited 3 times | Published

resulting error was harmless. B. Probable Cause Section 934.09(3)(a), Florida Statutes, requires that issuance

Gardner v. Bradenton Herald, Inc.

413 So. 2d 10, 8 Media L. Rep. (BNA) 1251

Supreme Court of Florida | Filed: Mar 4, 1982 | Docket: 1344805

Cited 3 times | Published

of wire or oral communications pursuant to section 934.09(7), Florida Statutes (1977). The Herald alleged

State v. Napoli

373 So. 2d 933

District Court of Appeal of Florida | Filed: Jun 27, 1979 | Docket: 1772592

Cited 3 times | Published

State in accordance with the provisions of Section 934.09(7)(a), (b), Florida Statutes (1977). 2. The

Zuppardi v. State

367 So. 2d 601

Supreme Court of Florida | Filed: Oct 26, 1978 | Docket: 1330153

Cited 3 times | Published

communications, on grounds of non-compliance with Section 934.09(1)(c), Florida Statutes (1975), and to compel

Report of Supreme Court Workgroup on Public Records

825 So. 2d 889, 2002 WL 351500

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 1312459

Cited 2 times | Published

wire or oral communication made pursuant to Section 934.09, Florida Statutes. They shall not be destroyed

Brugmann v. State

117 So. 3d 39, 2013 WL 2494244, 2013 Fla. App. LEXIS 9297

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232659

Cited 1 times | Published

would be in violation of this chapter. ... Section 934.09(10)(a), Florida Statutes (2004), additionally

United States v. George Brown, Jeff Anderson, United States of America v. Willie Bradshaw, A/K/A Brad, Hamin Abdul Muhammad, A/K/A Anthony Keith Edwards, George Brown, Jeff Anderson

862 F.2d 1482

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1989 | Docket: 1926924

Cited 1 times | Published

all relevant aspects, identical with the Florida statute, 934.09(1)(a-f). Both statutes require that each

State Ex Rel. Kennedy v. Lee

274 So. 2d 881

Supreme Court of Florida | Filed: Mar 13, 1973 | Docket: 1676520

Cited 1 times | Published

in addition to the rigid requirement of Florida Statute, 934.09, F.S.A., I would borrow the case law relating

Adelson v. State of Florida

District Court of Appeal of Florida | Filed: May 9, 2025 | Docket: 70240967

Published

of wire, oral, or electronic communications.” § 934.09(3), Fla. Stat. In short, the ex parte communications

STATE OF FLORIDA vs YAHAIRA MOJICA PHIPPS

District Court of Appeal of Florida | Filed: Aug 5, 2022 | Docket: 65654687

Published

derived from unlawful wiretaps in violation of section 934.09, Florida Statutes (2021). Following a hearing

JAMIE GEER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366277

Published

se. PER CURIAM. Affirmed. See § 934.09(10)(a), Fla. Stat. (2004); Johnson v. State, 60

Velde v. Velde

867 So. 2d 501, 2004 WL 360881

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 1386552

Published

1982)(finding that the term "proceeding" under section 934.09(8) included all adversary type hearings, including

Savery v. McClure

790 So. 2d 1261, 2001 Fla. App. LEXIS 11361, 2001 WL 908534

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807288

Published

above because it violates the provisions of section 934.09 setting forth the means of obtaining wiretapping

United States v. Green

40 F.3d 1167, 1994 WL 684514

Court of Appeals for the Eleventh Circuit | Filed: Dec 27, 1994 | Docket: 64019133

Published

offense enumerated in s. 934.07.” Fla.Stat.Ann. § 934.09(3)(a) (West Supp. 1994). Cf 18 U.S.C. § 2518(3)(a)

State v. Rivers

643 So. 2d 3, 1994 Fla. App. LEXIS 8009, 1994 WL 419603

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64751210

Published

wiretap surveillance. As such, pursuant to section 934.09(l)(a) of the Florida Statutes, McQue filed

Miller v. State

619 So. 2d 9, 1993 Fla. App. LEXIS 4668, 1993 WL 130968

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 64696516

Published

information obtained in the illegal wiretap. Section 934.09(8) states: The contents of any intercepted

State v. Jones

562 So. 2d 740, 1990 Fla. App. LEXIS 3115, 1990 WL 58281

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 64651030

Published

interception is to obtain evidence of a criminal act. Section 934.09(9)(a) permits any aggrieved person to bring

Sutton v. State

556 So. 2d 1211, 1990 Fla. App. LEXIS 905, 1990 WL 12747

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 64648166

Published

with the commission of” an authorizing offense. § 934.09(3)(d), Fla.Stat. (1985) (emphasis supplied). See

Hernandez v. State

540 So. 2d 881, 14 Fla. L. Weekly 670, 1989 Fla. App. LEXIS 1364, 1989 WL 22509

District Court of Appeal of Florida | Filed: Mar 15, 1989 | Docket: 64641364

Published

application fully complied with the requirements of section 934.09, Florida Statutes (1987). On that same day

United States v. Brown

862 F.2d 1482

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1989 | Docket: 66240659

Published

all relevant aspects, identical with the Florida statute, 934.-09(l)(a-f). Both statutes require that each

State v. Lockman

522 So. 2d 482, 13 Fla. L. Weekly 699, 1988 Fla. App. LEXIS 1040, 1988 WL 22177

District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 64633671

Published

review of an order which under the authority of section 934.09(9)(a) and section 934.06, Florida Statutes

Morales v. State

513 So. 2d 695, 12 Fla. L. Weekly 2160, 1987 Fla. App. LEXIS 12152

District Court of Appeal of Florida | Filed: Sep 8, 1987 | Docket: 64629933

Published

against whom the interception was directed. See § 934.09(9)(a), Fla.Stat. (1981). At the least, the witness

Covello v. State

462 So. 2d 1206, 10 Fla. L. Weekly 331, 1985 Fla. App. LEXIS 12301

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 64609621

Published

by Section 934.09(l)(c), Florida Statutes. This argument is without merit because Section 934.09(l)(c)

P.J. v. State

453 So. 2d 470, 1984 Fla. App. LEXIS 14257

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606106

Published

of the numbers which the trace identified. Section 934.09(9)(a), Florida Statutes (1981), provides for

Parker v. State

444 So. 2d 1055, 1984 Fla. App. LEXIS 11437

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 64602567

Published

other investigative procedures as required by Section 934.09(l)(c), Florida Statutes (1981).1 Chapter 934

State v. Weedon

425 So. 2d 125, 1982 Fla. App. LEXIS 22257

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594638

Published

probable cause, signed and issued the order. Section 934.09(4)(c), Florida Statutes (1981) requires that

Jackson v. State

416 So. 2d 853, 1982 Fla. App. LEXIS 20461

District Court of Appeal of Florida | Filed: Jul 8, 1982 | Docket: 64591144

Published

trial court refused to require disclosure under § 934.09(8), Fla.Stat. (1981) of the court order and accompanying

State v. Carney

407 So. 2d 340, 1981 Fla. App. LEXIS 21948

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 64586783

Published

acquired under a wiretap. issued pursuant to Section 934.09, Florida Statutes (1979). The trial court granted

Murphy v. State

402 So. 2d 1265, 1981 Fla. App. LEXIS 20729

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584823

Published

more than that. The probable cause required by Section 934.09, Florida Statutes (1979), has not been shown

Murphy v. State

402 So. 2d 1265, 1981 Fla. App. LEXIS 20729

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584823

Published

more than that. The probable cause required by Section 934.09, Florida Statutes (1979), has not been shown

State v. Albano

394 So. 2d 1026, 1981 Fla. App. LEXIS 18727

District Court of Appeal of Florida | Filed: Jan 30, 1981 | Docket: 64580802

Published

least ten days prior to the hearing pursuant to Section 934.09(8), Florida Statutes. The court granted the

Scheider v. State

389 So. 2d 251, 1980 Fla. App. LEXIS 17838

District Court of Appeal of Florida | Filed: Sep 25, 1980 | Docket: 64578440

Published

seeking court authorization for the interception. § 934.09(l)(c), Fla.Stat. (1977) requires that any application

Vinales v. State

374 So. 2d 570, 1979 Fla. App. LEXIS 15702

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 64571680

Published

communications entered under author*571ity of Section 934.09, Florida Statutes (1977). In this regard, it

Mitchell v. State

381 So. 2d 1066, 1979 Fla. App. LEXIS 16348

District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 64575216

Published

or postponement of serving of inventories under § 934.09(7)(d), Florida Statutes (1975). The assistant

Campbell v. State

365 So. 2d 751, 1978 Fla. App. LEXIS 17157

District Court of Appeal of Florida | Filed: Nov 15, 1978 | Docket: 64567731

Published

Herron’s testimony should have been suppressed1 since § 934.09(7)(a)2 requires that once an *753interception

Hicks v. State

359 So. 2d 475, 1978 Fla. App. LEXIS 16065

District Court of Appeal of Florida | Filed: May 4, 1978 | Docket: 64564815

Published

court on motion of Appellee under Florida Statute § 934.09(7)(e).1 The grounds stated in Appellee’s motions

Hicks v. State

359 So. 2d 475, 1978 Fla. App. LEXIS 16065

District Court of Appeal of Florida | Filed: May 4, 1978 | Docket: 64564815

Published

court on motion of Appellee under Florida Statute § 934.09(7)(e).1 The grounds stated in Appellee’s motions

Minkus v. State

356 So. 2d 833, 1978 Fla. App. LEXIS 15062

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563562

Published

feel the affidavit sufficiently complies with Section 934.09(l)(c), Florida Statutes. The pertinent portion

State v. Barnett

354 So. 2d 422, 1978 Fla. App. LEXIS 14879

District Court of Appeal of Florida | Filed: Jan 20, 1978 | Docket: 64562502

Published

Section 934.01-10, Florida Statutes (1976). . Section 934.09(1)(b), Florida Statutes (1976). . Id.

Quintana v. State

352 So. 2d 587, 1977 Fla. App. LEXIS 17112

District Court of Appeal of Florida | Filed: Dec 6, 1977 | Docket: 64561555

Published

within the ninety day period provided for by Section 934.09(7)(e), Florida Statutes (1975). This statute

Rodriguez v. State

298 So. 2d 205, 1974 Fla. App. LEXIS 8867

District Court of Appeal of Florida | Filed: Jul 31, 1974 | Docket: 64540402

Published

the wiretap minimization requirements of F.S. § '934.09(5), the judgments are hereby reversed on the authority

County of Dade v. Frangipane

281 So. 2d 238, 1973 Fla. App. LEXIS 7640

District Court of Appeal of Florida | Filed: Jul 3, 1973 | Docket: 64533750

Published

had failed to comply with the requirement of § 934.-09(8) Fla.Stat., F.S.A. excluding evidence derived

In re Grand Jury Investigation Concerning Evidence Obtained by Court Authorized Wiretaps

276 So. 2d 234, 1973 Fla. App. LEXIS 6915

District Court of Appeal of Florida | Filed: Apr 6, 1973 | Docket: 64531719

Published

“aggrieved” persons within the purview of Section 934.-09, Florida Statutes, F.S.A.; that the orders

State v. Berjah

266 So. 2d 696, 1972 Fla. App. LEXIS 6356

District Court of Appeal of Florida | Filed: Sep 21, 1972 | Docket: 64527642

Published

affidavits so stating were filed. The statute, by § 934.09(7)(e), Fla.Stat., F.S.A., provides that within

State v. Angel

261 So. 2d 198, 1972 Fla. App. LEXIS 6849

District Court of Appeal of Florida | Filed: Apr 25, 1972 | Docket: 64525565

Published

authority from a judicial officer pursuant to § 934.09, Fla.Stat, F.S.A., and it is assumed that any

Barnes v. State

248 So. 2d 660, 1971 Fla. App. LEXIS 6559

District Court of Appeal of Florida | Filed: May 19, 1971 | Docket: 64520736

Published

for inspection under Chapter 934 F.S. F.S. Section 934.-09(7) (e) (3) F.S.A. provides: “The judge, upon