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521 So. 2d 110

521 So.2d 110

13 Fla.L.Weekly 58

Madsen v. State

Supreme Court of Florida

Decided January 28, 1988

Supreme Court of Florida · decided 1988-01-28

Key passage — most relied on by later courts

“rejected the contention that our right-of-privacy provision under article I, section 23, of the Florida Constitution prohibited the introduction of [defendant's conversation in his home with an undercover police officer].”

quoted by 1 later decision, including 887 So. 2d 387 - Limbaugh v. State

Relies on 477 So. 2d 544 - Winfield v. Div. of Pari-Mutuel Wagering · 512 So. 2d 185 - State v. Hume · 502 So. 2d 948 - Madsen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-28

How this case has been cited

Cited by 22 later decisions — most recently March 2012

20 state decisions

1401988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

OVERTON, Justice.

¶1This is a petition to review Madsen v. State, 502 So.2d 948 (Fla. 4th DCA 1987), in which the district court refused to suppress the recording of petitioner’s conversation with an undercover officer in the petitioner’s home. We accepted jurisdiction because the identical issue was before this Court on petition to review the lower court’s construction of the 1982 revision of article I, section 12, Florida Constitution, in State v. Hume, 463 So.2d 499 (Fla. 1st DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2We have recently resolved the issue in our opinion in State v. Hume, 512 So.2d 185 (Fla.1987), in which we held that “the recording of conversations between a defendant and an undercover agent in a defendant’s home ... does not violate the fourth amendment of the United States Constitution and, accordingly, does not violate the newly adopted article I, section 12, of the Florida Constitution.” Id. at 188. We also rejected the contention that our right-of-privacy provision under article I, section 23, of the Florida Constitution prohibited the introduction of this type of evidence.

¶3We find no conflict with Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544 (Fla.1985).

¶4In accordance with our decision in Hume, we approve the district court decision in the instant case.

¶5It is so ordered.

MCDONALD, C.J., and EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.BARKETT, J., concurs in result only.
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