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404 So. 2d 778

Miles v. State

District Court of Appeal of Florida

Decided September 24, 1981

District Court of Appeal of Florida · decided 1981-09-24

Cited by 1 later decisions — most recently February 1986

Relies on 397 So. 2d 643 - State v. Sarmiento · 400 So. 2d 758 - Hoberman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-09-24

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PER CURIAM.

¶1Bobbie 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.

¶2Accordingly, the judgment of conviction must be reversed.

BOOTH, SHAW and WENTWORTH, JJ., concur.
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