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449 So. 2d 369

Kay v. State

District Court of Appeal of Florida · decided 1984-04-18

Relies on Gary Aircraft Corp. v. United States · Morningstar v. State

Decided 1984-04-18

PER CURIAM.

¶1Appellant’s convictions of and sentences for delivery of methaqualone and possession of cocaine are affirmed.

¶2Defendant’s contention that the police violated his right to privacy by utilizing a “body bug” in the defendant’s office is without merit. In Morningstar v. State, 428 So.2d 220 (Fla.1982), cert. denied, — U.S. -, 104 S.Ct. 86, 78 L.Ed.2d 95 (1983), the supreme court, finding section 934.03(2)(c), Florida Statutes (1979) constitutional, held that article 1, section 12 of the Florida Constitution does not prohibit a warrantless electronic interception of a defendant’s conversation by an undercover police officer in a defendant’s office or place of business. That holding compels our affirmance here.

¶3Accordingly, the defendant’s convictions and sentences are affirmed.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
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