State v. Smith, 641 So. 2d 849 (Fla. 1994). · Go Syfert
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State v. Smith, 641 So. 2d 849 (Fla. 1994). Cases Citing This Book View Copy Cite
80 citation events (49 in the last 25 years) across 17 distinct courts.
Strongest positive: MICHAEL L. WAITE v. STATE OF FLORIDA (fladistctapp, 2024-04-12)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) MICHAEL L. WAITE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2024 · confidence medium
Under Florida’s wiretapping statute, it is unlawful for any person to intentionally intercept or endeavor to intercept any wire, oral, or electronic communication. § 934.03(1)(a), Fla. Stat. (2020). “‘Oral communication’ means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.” Id. § 934.02(2) (emphasis added). “[F]or an oral conversation to be protected…
examined Cited as authority (rule) RYAN D. GESTEN and ANDREA GESTEN v. AMERICAN STRATEGIC INSURANCE CORP. (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2022 · confidence medium
We said: As argued by the insured, “for an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” State v. Smith, 641 So. 2d 849, 852 (Fla. 1994) (concluding that a person did not have a legitimate expectation of privacy while seated in the back of a police car).
examined Cited as authority (rule) RYAN D. GESTEN and ANDREA GESTEN v. AMERICAN STRATEGIC INSURANCE CORP. (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2022 · confidence medium
We said: As argued by the insured, “for an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” State v. Smith, 641 So. 2d 849, 852 (Fla. 1994) (concluding that a person did not have a legitimate expectation of privacy while seated in the back of a police car).
discussed Cited as authority (rule) SHARRON TASHA FORD v. CITY OF BOYNTON BEACH
Fla. Dist. Ct. App. · 2021 · confidence medium
“Oral communication” is defined in the statute as “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.” § 934.02(2), Fla. Stat. (2009) (emphasis added). “[F]or an oral conversation to be protected under section 934.03, the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” S…
discussed Cited as authority (rule) STATE OF FLORIDA v. KIMBERLY D. FOSTER
Fla. Dist. Ct. App. · 2021 · confidence medium
Section 934.02(2), Florida Statutes (2019), defines an “oral communication” as “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.” Section 934.06, Florida Statutes (2019), prohibits the use of unlawfully intercepted oral communications as evidence, providing in pertinent part that “no part of the contents of such communication and no evidence derived theref…
discussed Cited as authority (rule) HEATHER SILVERSMITH v. STATE FARM INSURANCE COMPANY
Fla. Dist. Ct. App. · 2021 · confidence medium
As argued by the insured, “for an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” State v. Smith, 641 So. 2d 849, 852 (Fla. 1994) (concluding that a person did not have a legitimate expectation of privacy while seated in the back of a police car).
discussed Cited as authority (rule) SHARRON TASHA FORD v. CITY OF BOYNTON BEACH
Fla. Dist. Ct. App. · 2021 · confidence medium
See Jackson v. State, 18 So. 3d 1016 , 1029–30 (Fla. 2009); State v. Inciarrano, 473 10 So. 2d 1272 , 1275 (Fla. 1985); Mozo v. State, 632 So. 2d 623, 628 (Fla. 4th DCA 1994), approved, 655 So. 2d 1115 (Fla. 1995). “[F]or an oral conversation to be protected under section 934.03, the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” State v. Smith, 641 So. 2d 849, 852 (Fla. 1994) (emphasis supplied).
discussed Cited as authority (rule) STATE OF FLORIDA v. M. B. W.
Fla. Dist. Ct. App. · 2019 · confidence medium
See Rakas v. Illinois, 439 U.S. 128, 143 (1978); see also Williams v. State, 982 So. 2d 1190, 1194 (Fla. 4th DCA 2008) ("A citizen's right to privacy under the Fourth Amendment of the Constitution of the United States is determined by a two prong test: 1) whether the citizen had a subjective expectation of privacy; and 2) whether that expectation was one that society recognizes as reasonable." (citing State v. Smith, 641 So. 2d 849, 851 (Fla. 1994))).
discussed Cited as authority (rule) United States v. Paxton
7th Cir. · 2017 · confidence medium
Oct. 24, 1991) (collecting state cases); State v. Torgrimson, 637 N.W.2d 345, 350 (Minn. Ct. App. 2002); State v. Ramirez, 585 N.W.2d 847, 850 (S.D. 1995) (collecting cases); State v. Smith, 641 So.2d 849, 852 (Fla. 1994); People v. Crowson, 33 Cal.3d 623 , 190 Cal.Rptr. 165 , 660 P.2d 389, 392-93 (Cal. 1983) (plurality), overruled in part on other grounds by People v. Myers, 5 Cal.4th 1193 , 22 Cal.Rptr.2d 911 , 858 P.2d 301 (1993).
discussed Cited as authority (rule) United States v. Matthew Webster
7th Cir. · 2017 · confidence medium
Oct. 24, 1991) (collecting state cases); State v. Torgrimson, 637 N.W.2d 345, 350 (Minn. Ct. App. 2002); State v. Ramirez, 535 N.W.2d 847, 850 (S.D. 1995) (collecting cases); State v. Smith, 641 So.2d 849, 852 (Fla. 1994); People v. Crowson, 660 P.2d 389 , 392‐93 (Cal. 1983) (plurality), overruled in part on other grounds by People v. Myers, 858 P.2d 301 (Cal. 1993).
discussed Cited as authority (rule) Planned Parenthood Federation of America, Inc. v. Center for Medical Progress
N.D. Cal. · 2016 · confidence medium
Violation of Florida and Maryland Wiretapping Defendants challenge the adequacy of the allegations regarding defendants’ violation of Florida’s Wiretapping Statute, Section 934 of Title XLVII of the Florida Criminal Procedure Law based on recording made at the 2015 PPFA Medical Directors Council Conference in Orlando, Florida, and the 2014 PPFA North American Forum on Family Planning Conference in Miami, Florida. “[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the ex…
discussed Cited as authority (rule) State v. Caraballo
Fla. Dist. Ct. App. · 2016 · confidence medium
Section 934.06 states that “[wjhenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial ..., if the disclosure of that information would be in violation of this chapter.” Section 934.02(2) defines oral communication as “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting o…
discussed Cited as authority (rule) Jackson v. State (2×) also: Cited "see"
Fla. · 2013 · confidence medium
In Jackson, this Court addressed its opinion in State v. Smith, 641 So.2d 849, 851 (Fla.1994), which analyzed the Communications Act with regard to expectations of privacy in a police vehicle.
cited Cited as authority (rule) Davis v. State
Fla. · 2013 · confidence medium
State v. Smith, 641 So.2d 849, 851 (Fla.1994) (citing Katz v. United States, 389 U.S. 347, 360 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring)).
cited Cited as authority (rule) Lundberg v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
State v. Smith, 641 So.2d 849, 851 (Fla.1994) (citing Katz v. United States, 389 U.S. 347, 360 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring)).
discussed Cited as authority (rule) Cox v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
“A citizen’s right to privacy ... is determined by a two prong test: 1) whether the citizen had a subjective expectation of privacy; and 2) whether that expectation was one that society recognizes as reasonable.” Williams v. State, 982 So.2d 1190, 1194 (Fla. 4th DCA 2008) (citing State v. Smith, 641 So.2d 849, 851 (Fla.1994)). *676 It has long been held that inmates do not have a reasonable expectation of privacy in jail.
examined Cited as authority (rule) Jackson v. State (3×) also: Cited "see"
Fla. · 2009 · confidence medium
Smith, 641 So.2d at 851 (parallel citations omitted).
cited Cited as authority (rule) Williams v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
State v. Smith, 641 So.2d 849, 851 (Fla.1994) (citing Katz v. United States, 389 U.S. 347, 360 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring)).
discussed Cited as authority (rule) State v. Wilson
Mo. Ct. App. · 2005 · confidence medium
See also United States v. McKinnon, 985 F.2d 525, 528 (11th Cir.1993); State v. Smith, 641 So.2d 849, 852 (Fla.1994); People v. Marland, 135 Mich.App. 297 , 355 N.W.2d 378, 384 (1984); People v. Seaton, 146 Cal.App.3d 67 , 194 Cal.Rptr. 33, 42 (1983); State v. McAdams, 559 So.2d 601, 602 (Fla.Dist.Ct.
cited Cited as authority (rule) State v. W.E.
Fla. Dist. Ct. App. · 2002 · confidence medium
The State appeals, arguing that pursuant to the law as expressed in State v. Smith, 641 So.2d 849, 851-852 (Fla.1994), there is no reasonable expectation of privacy in the back seat of a police car.
discussed Cited as authority (rule) State v. Torgrimson
Minn. Ct. App. · 2002 · confidence medium
See People v. Newton, 42 Cal.App.3d 292 , 116 Cal.Rptr. 690, 693 (1974) (no reasonable and justifiable expectation of privacy when conversation recorded while suspects under arrest and in police custody in patrol car); People v. Palmer, 888 P.2d 348, 350-51 (Colo.Ct.App.1994) (no justifiable expectation of privacy while in back seat of police car); State v. Smith, 641 So.2d 849, 852 (Fla.1994) (no reasonable expectation of privacy in police car); State v. Timley, 25 Kan.App.2d 779 , 975 P.2d 264, 268 (1998) (no reasonable expectation of privacy in statements made to companion while both seated…
discussed Cited as authority (rule) Belmer v. Commonwealth (2×)
Va. Ct. App. · 2001 · confidence medium
Hearst, 563 F.2d at 1345 ( Lanza remains good law); State v. Strohl, 255 Neb. 918 , 587 N.W.2d 675, 682 (1999) ("The greater weight of authority [follows] Lanza and [allows covert monitoring of conversations] in police stations, jail visiting rooms, or jail cells."); State v. Howard, 728 A.2d 1178, 1182-83 (Del.Super.Ct.1998) (courts generally find no reasonable expectation of privacy "for overheard or monitored conversations in police cars, police interview rooms, or in prisons"); State v. Smith, 641 So.2d 849, 851-52 (Fla. 1994) (a person has no reasonable expectation of privacy in a convers…
discussed Cited as authority (rule) Horning-Keating v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
See Katz v. United States, 389 U.S. 347, 360 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring); State v. Smith, 641 So.2d 849, 851 (Fla.1994); Mozo v. State, 632 So.2d 623, 628 (Fla. 4th DCA 1994), approved, 655 So.2d 1115 (Fla.1995).
cited Cited as authority (rule) Bedoya v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
State v. Smith, 641 So.2d 849, 851 (Fla.1994); Boyer v. State, 736 So.2d 64 (Fla. 4th DCA 1999).
discussed Cited as authority (rule) State v. Timley
Kan. Ct. App. · 1998 · confidence medium
United States v. McKinnon, 985 F.2d 525, 527-28 (11th Cir.), cert. denied 510 U.S. 843 (1993); People v. Todd, 26 Cal. App. 3d 15, 17 (1972); State v. Smith, 641 So. 2d 849, 852 (Fla. 1994); State v. Hussey, 469 So. 2d 346, 350-351 (La.
discussed Cited as authority (rule) Farina v. State
Fla. · 1996 · confidence medium
State v. Smith, 641 So.2d 849, 851 (Fla.1994). *1155 Anthony Farina argues that the admission of Jeffery's statements violated his Sixth Amendment right to confront witnesses as explained in Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968).
discussed Cited as authority (rule) State v. Morgan
Tenn. Crim. App. · 1996 · confidence medium
See McKinnon, 985 F.2d at 528; People v. Crowson, 33 Cal.3d 623 , 190 Cal.Rptr. 165, 168-169 , 660 P.2d 389, 392-393 (1983) (arrested suspect did not have a reasonable expectation that he could conduct a private conversation with an accomplice in the back seat of a police car, even though the two had been left alone); State v. Smith, 641 So.2d 849, 852 (Fla.1994) (a motorist, placed in the back seat of a police car for safety purposes during a consensual search of his vehicle, had no reasonable expectation of privacy); State v. Hussey, 469 So.2d 346, 350-351 (La.App.1985) (companions of arrest…
cited Cited as authority (rule) Stevenson v. State
Fla. Dist. Ct. App. · 1996 · confidence medium
State v. Smith, 641 So.2d 849, 852 (Fla. 1994).
discussed Cited as authority (rule) State v. Ramirez (2×)
S.D. · 1995 · confidence medium
State v. Smith, 641 So.2d 849, 851-52 (Fla.1994).
discussed Cited as authority (rule) Dept. of Agriculture v. Edwards (2×)
Fla. Dist. Ct. App. · 1995 · confidence medium
"Oral communication" is defined in section 934.02(2), Florida Statutes, which provides: "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication. "[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable." S…
discussed Cited "see" State v. Russell
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See State v. Smith, 641 So.2d 849 (Fla.1994) (persons sitting in the back of a patrol car); Pires v. Wainwright, 419 So.2d 358 (Fla. 1st DCA 1982) (wiretap of conversation between prison in correctional facility and outside callee); Stout (wiretap of conversation between suspect and victim of sexual battery wherein victim called suspect at his home).
discussed Cited "see" Richardson v. State
Ala. Crim. App. · 2001 · signal: see · confidence high
See State v. Smith , 641 So.2d 849 , 852 (Fla. 1994); State v. McAdams , 559 So.2d 601 , 602 (Fla.Dist.Ct.App. 1990); Brown v. State , 349 So.2d 1196 , 1197 (Fla.Dist.Ct.App. 1977), cert. denied , 434 U.S. 1078 (1978); State v. Hussey , 469 So.2d 346 , 351 (La.Ct.App.), writ. denied, 475 So.2d 777 (La. 1985); People v. Marland , 135 Mich. App. 297 , 355 N.W.2d 378 , 384 (1984); State v. Lucero , 96 N.M. 126 , 128 , 628 P.2d 696 , 698 (Ct.App. 1981); and State v. Wischnofske , 129 Or.
discussed Cited "see" Untitled Texas Attorney General Opinion (2×)
Tex. Att'y Gen. · 2000 · signal: see · confidence high
See id. at 850-51 n.1.
discussed Cited "see" Boyer v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See State v. Smith, 641 So.2d 849 (Fla.1994)(citing Katz v. United States, 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967)(Harlan, J., concurring)); see also Springle v. State, 613 So.2d 65 (Fla. 4th DCA 1993).
cited Cited "see" Johnson v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See North v. Superior Court, 8 Cal.3d 301 , 104 Cal.Rptr. 833 , 502 P.2d 1305 (1972), State v. Smith, 641 So.2d 849 (Fla.1994).
cited Cited "see" State v. Bolin
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See State v. Smith, 641 So.2d 849, 851 (Fla.1994).
discussed Cited "see, e.g." Michael L. Waite v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see also · confidence medium
Under section 934.03(1)(a), it is unlawful for any person to intentionally intercept or endeavor to intercept any wire, oral, or electronic communication. § 934.03(1)(a), Fla. Stat. (2020); see also McDade v. State, 154 So. 3d 292, 297 (Fla. 2014). “‘Oral communication’ means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.” Id. § 934.02(2), Fla. Stat. (em…
discussed Cited "see, e.g." James Eric McDonough v. Katherine Fernandez-Rundle (2×)
11th Cir. · 2017 · signal: see, e.g. · confidence medium
See e.g., State v. Smith, 641 So.2d 849, 852 (Fla. 1994) (no reasonable expectation of privacy where recorded conversation was held in the back of a police car); Edwards, 654 So.2d at 632-33 (no reasonable expectation of privacy where the recorded conversation was between three police officers in an office meeting about employment grievances).
discussed Cited "see, e.g." Campos v. State
Ind. · 2008 · signal: see also · confidence medium
Id. at 527-28; see also State v. Smith, 641 So.2d 849, 852 (Fla.1994); State v. Wischnofske, 129 Or.App. 231 , 878 P.2d 1130, 1133-34 (1994); State v. Turner, 371 S.C. 595 , 641 S.E.2d 436, 437 (2007); State v. Morgan, 929 S.W.2d 380, 384 (Tenn.Crim.App.1996).
cited Cited "see, e.g." Rahmani v. State
Fla. Dist. Ct. App. · 2005 · signal: see also · confidence low
See also State v. Smith, 641 So.2d 849 (Fla.1994) (no reasonable expectation of privacy in police vehicle).
discussed Cited "see, e.g." Cohen Brothers, LLC. v. Me Corp., Sa
Fla. Dist. Ct. App. · 2004 · signal: see also · confidence medium
See also State v. Smith, 641 So.2d 849, 852 (Fla.1994) ("[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.").
cited Cited "see, e.g." State v. Siegel
Fla. Dist. Ct. App. · 1996 · signal: see also · confidence medium
Id., 389 U.S. at 360-61 , 88 S.Ct. at 516-17 (Harlan, J., concurring); see also State v. Smith, 641 So.2d 849, 851 (Fla.1994).
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Robert SMITH, Respondent.
81534.
Supreme Court of Florida.
Jun 16, 1994.
641 So. 2d 849
Harding.
Cited by 55 opinions  |  Published

[*850] Robert A. Butterworth, Atty. Gen., and Joan Fowler and Carol Cobourn Asbury, Asst. Attys. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender and Susan D. Cline, Asst. Public Defender, West Palm Beach, for respondent.

HARDING, Justice.

We have for review Smith v. State, 616 So.2d 509 (Fla. 4th DCA 1993), in which the Fourth District Court of Appeal certified the following question as one of great public importance:

WOULD SOCIETY CONCLUDE THAT THE EXPECTATION OF PRIVACY, UNDER THE FACTS PRESENTED, WAS REASONABLE.

Smith v. State, No. 91-02513 (Fla. 4th DCA Apr. 9, 1993) (order certifying question). We rephrase the certified question to reflect the issue presented:

SHOULD A PERSON, WHO IS NEITHER UNDER ARREST NOR UNDER AN ARTICULABLE SUSPICION, BUT WHO HAS BEEN ASKED TO SIT IN THE REAR OF A POLICE VEHICLE FOR SAFETY AND COMFORT REASONS, REASONABLY EXPECT THAT CONVERSATIONS WITHIN THAT VEHICLE WILL BE PRIVATE AND INADMISSIBLE AS EVIDENCE?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, and answer the rephrased question in the negative.

Robert Smith was a passenger in a car heading northbound on I-95 when the car was pulled over by a police officer. The officer decided to pursue the car after he observed the car swerve erratically while the driver was doing "something" to his face. The driver told the officer that the car had swerved while he was splashing water on his face. The officer issued the driver a warning for failure to drive within a single lane and recommended that the driver drink some coffee or pull over and take a nap. Smith was asleep in the front passenger seat during this exchange.

Although the officer informed the driver that he was free to leave, the driver consented to the officer's request to search the car. For safety purposes, the officer requested the driver and Smith to sit in the back seat of the police car during the search of the car. The officer found cocaine in the glove compartment and arrested Smith and the driver.

While the search was taking place, the officer taped the conversation between Smith and the driver using a tape recorder in the police car. Smith and the driver were not told that they would be recorded. The taped conversation included a discussion concerning whether the officer had found the package in the car.

The trial court denied Smith's motion to suppress the cocaine and the tape recording, based upon a determination that there is no expectation of privacy in a police car. Smith was found guilty of trafficking in cocaine.

On appeal, the Fourth District Court reversed and remanded, finding that the trial court erred when it failed to suppress the tape recording. Smith, 616 So.2d at 509. The district court relied upon its prior decision in Springle v. State, 613 So.2d 65, 68 (Fla. 4th DCA), review dismissed, 626 So.2d 208 (Fla. 1993), which held that such secret and unauthorized tape recordings violate Florida's constitutional right of privacy as well as section 934.03, Florida Statutes (1991).[1] Thus, the district court concluded[*851] that the tape recording and any evidence derived from it were inadmissible under section 934.06, Florida Statutes (1991).[2] However, because the district court found that the tape recording did not aid the police in finding the cocaine, it concluded that there was no error in denying the motion to suppress. The district court also found that the traffic stop was not pretextual and that Smith was not illegally detained in the police car. 616 So.2d at 509-10.

Although Smith contends that Florida's constitutional right of privacy protects his conversations in the back of the police car, we do not find that this constitutional protection is implicated in this case. Instead, we find that article I, section 12, the constitutional provision relating to searches and seizures, is relevant to this inquiry. Article I, section 12 of the Florida Constitution provides that "[t]he right of the people to be secure ... against the unreasonable interception of private communications by any means, shall not be violated." This constitutional provision also requires this Court to follow United States Supreme Court decisions construing the Fourth Amendment.[3]

The Fourth Amendment right to privacy is measured by a two-part test: 1) the person must have a subjective expectation of privacy; and 2) that expectation must be one that society recognizes as reasonable. Katz v. United States, 389 U.S. 347, 360, 88 S.Ct. 507, 516, 19 L.Ed.2d 576 (1967) (Harlan, J., concurring). Had Smith been placed in the police car for custody purposes, our analysis would be quite simple. A prisoner's right of privacy fails both prongs of the Katz test. First, a prisoner's privacy interest is severely limited by the status of being a prisoner and by being in an area of confinement that "shares none of the attributes of privacy of a home, an automobile, an office, or a hotel room." Lanza v. New York, 370 U.S. 139, 143, 82 S.Ct. 1218, 1221, 8 L.Ed.2d 384 (1962). Second, "society would insist that the prisoner's expectation of privacy always yield to what must be considered the paramount interest in institutional security." Hudson v. Palmer, 468 U.S. 517, 528, 104 S.Ct. 3194, 3201, 82 L.Ed.2d 393 (1984). Thus, "the Fourth Amendment proscription against unreasonable searches does not apply within the confines of the prison cell." Id. at 526, 104 S.Ct. at 3200. Courts have also determined that a person in custody in the back of a police car has no right of privacy because that person is essentially a prisoner. State v. McAdams, 559 So.2d 601, 602 (Fla. 5th DCA 1990); Brown v. State, 349 So.2d 1196, 1197 (Fla. 4th DCA 1977), cert. denied, 434 U.S. 1078, 98 S.Ct. 1271, 55 L.Ed.2d 785 (1978).

However, the instant case requires a different analysis as Smith was neither under arrest nor an articulable suspicion. Springle, which the district court relied upon in the instant case, addressed the same circumstances presented here: an unauthorized recording of a conversation after the police requested that the defendants sit in the back of the police car "for their own safety" while the police conducted a consented-to search of the defendants' vehicle. 613 So.2d at 66. The district court concluded that the defendants had a reasonable expectation of privacy in their oral communications within the police vehicle. Id. at 68. In reaching that conclusion,[*852] the court focused on the status of the defendants who were "neither under arrest nor even articulable suspicion." Id. at 68.

In contrast, the Eleventh Circuit Court of Appeals has held that there is no reasonable expectation of privacy in a police car, regardless of the status of the person engaging in the conversation. United States v. McKinnon, 985 F.2d 525, 528 (11th Cir.), cert. denied, ___ U.S. ___, 114 S.Ct. 130, 126 L.Ed.2d 94 (1993). In McKinnon, the defendant was tape recorded under the same circumstances as the instant case, except that the recording took place both before and after arrest. The federal district court denied the defendant's motion to suppress the pre-arrest portion of his recorded conversation. On appeal, the circuit court affirmed that denial, finding that the defendant "did not have a reasonable or justifiable expectation of privacy for conversations he held while seated in the back seat area of a police car." Id. at 528. In response to the defendant's argument that a person has broader rights pre-arrest than post-arrest, the circuit court found that there was "no persuasive distinction between pre-arrest and post-arrest situations in this case." Id. The court also cited with approval a number of cases where the locale of the conversations, rather than the status of the person doing the conversing, was the controlling factor. Id.; see also United States v. Harrelson, 754 F.2d 1153, 1169 (5th Cir.), cert. denied, 474 U.S. 908, 106 S.Ct. 277, 88 L.Ed.2d 241 (1985); State v. Hussey, 469 So.2d 346, 351 (La. Ct. App.), cert. denied, 475 So.2d 777 (La. 1985); People v. Marland, 135 Mich. App. 297, 355 N.W.2d 378, 384 (1984).

We agree with the Eleventh Circuit Court's reasoning and hold that a person does not have a reasonable expectation of privacy in a police car and that any statements intercepted therein may be admissible as evidence. This is consistent with the conclusions reached by other jurisdictions. See United States v. Sallee, No. 91 CR 20006-19, 1991 WL 352613 (N.D.Ill. Oct. 24, 1991) (finding that there is no reasonable expectation of privacy for conversations taking place while sitting in the back seat of a police car); Hussey, 469 So.2d 346 (finding that "guests" of arrestee had no reasonable expectation of privacy while conversing in back seat of police car); Marland, 355 N.W.2d 378 (holding that detainees, not under formal arrest, had no reasonable expectation of privacy while conversing in a police car).

We find section 934.03, which provides that it is a crime to willfully intercept oral communications, to be inapplicable to this case. In order to fall within the ambit of chapter 934, an oral communication must be "uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication." § 934.02(2), Fla. Stat. (1991) (emphasis added). Thus, for an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable. State v. Inciarrano, 473 So.2d 1272 (Fla. 1985). Because we find that there is no reasonable expectation of privacy in a police car, section 934.03 does not apply to conversations that take place in those vehicles. Consequently, the section 934.06 prohibition against the use of intercepted oral communications as evidence is inapplicable as well.

Accordingly, we answer the rephrased certified question in the negative, and quash the decision below. We also disapprove the opinion in Springle to the extent that it is inconsistent with this opinion. We remand this cause for further proceedings consistent with this opinion.

It is so ordered.

GRIMES, C.J., OVERTON, J., and McDONALD, Senior Justice, concur.

SHAW and KOGAN, JJ., dissent.

1 Section 934.03, Florida Statutes (1991), provides in relevant part:

(1) Except as otherwise specifically provided in this chapter, any person who: (a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;

... .

shall be punished as provided in subsection (4).

2 Section 934.06, Florida Statutes (1991), provides in relevant part:

Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court ... if the disclosure of that information would be in violation of this chapter.

3 Article I, section 12 of the Florida Constitution provides in relevant part:

This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th amendment to the United States Constitution.