SC03-330 - State Of Florida v. James Otte

State: Florida

Docket No: SC03-330

Case Date: 10/07/2004

Preview:Supreme Court of Florida
____________ No. SC03-330 ____________ STATE OF FLORIDA, Appellant, vs. JAMES OTTE, Appellee. [October 7, 2004] CANTERO, J. In this case, we decide whether a Florida statute that authorizes wiretaps for the investigation of certain crimes conforms to a federal statute that also authorizes wiretaps, but only in certain circumstances. The federal statute preempts any state laws concerning wiretaps, although states may enact more restrictive provisions. The State appeals State v. Fratello, 835 So. 2d 312 (Fla. 5th DCA 2002), 1 in which the district court declared invalid section 934.07, Florida Statutes (1999), to

1. The appeal below was taken by Diane Fratello and James Otte, the appellee here. Fratello, however, made no appearance in this appeal, and the issue is moot as to her because she "entered a plea in the underlying prosecution and was sentenced accordingly." Fratello, 835 So. 2d at 313 n.1.

the extent that it authorizes law enforcement officials to intercept communications related to prostitution. Our jurisdiction is mandatory. See art. V,

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