Notes of Decisions
Cited in
77
cases (
4 in the last 5 years), 1971–2025 · leading case:
United States v. Aisenberg, 247 F. Supp. 2d 1272 (M.D. Fla. 2003).
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
· cites it 18× “Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
Rodriguez v. State, 297 So. 2d 15 (Fla. 1974).
· cites it 16× “PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap order may be issued; subsection (1)(b) requires a full and complete statement of the facts and circumstances relied upon to justify the applicant's belief that an order should be issued, including…”
Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).
· cites it 14× “[14] Section 934.09, Florida Statutes (1983), provides in relevant part: (3) Upon such application, the judge may enter an ex parte order .”
In Re Grand Jury Investigation, 287 So. 2d 43 (Fla. 1973).
· cites it 13× “The subject motions alleged that petitioners were `aggrieved' persons within the purview of Section 934.09, Florida Statutes; that the orders of authorization and approval under which the wire and oral communications were intercepted were not properly issued; the communications…”
United States v. Thomas Ralph Farese, 612 F.2d 1376 (5th Cir. 1980).
· cites it 8× “Pursuant to Section 934.09(1)(3), Florida Statutes, to the Affiant’s knowledge, no other order has been made for an Order authorizing the interception of communications regarding the premises, above described, (and/or) the indicated persons, (and/or) any persons connected with…”
State v. Albano, 394 So. 2d 1026 (Fla. 2d DCA 1981).
· cites it 13× “-09(8) must be read as having the nature of a discovery device, its purpose being to give notice of the intercept to parties in the proceeding who did not receive notice pursuant to Section 934.09(7)(e). The state’s noncomplianee with Section 934.”
Copeland v. State, 435 So. 2d 842 (Fla. 2d DCA 1983).
· cites it 12× “) The state admits that the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried normal investigative procedures which failed or why such procedures reasonably appeared either to be unlikely to succeed or to be too dangerous if…”
Zuppardi v. State, 367 So. 2d 601 (Fla. 1978).
· cites it 9× “[15] Adherence to the strict statutory procedures prescribed in Section 934.09, as occurred here, accommodates both the needs of law enforcement officials and the legislature's asserted objective simultaneously "to protect effectively the privacy of .”
United States v. Harvey, 560 F. Supp. 1040 (S.D. Fla. 1983).
· cites it 4× “Defendants Jernigan and Harvey, among others, argue that there was insufficient probable cause in accordance with Fla.Stat. § 934.09(3) to issue the order.”
Bagley v. State, 397 So. 2d 1036 (Fla. 5th DCA 1981).
· cites it 5× “Both section 934.09(1), Florida Statutes (1979), and its federal counterpart, 18 U.”
State v. News-Press Pub. Co., 338 So. 2d 1313 (Fla. 2d DCA 1976).
· cites it 4× “" On the other hand, Section 934.09(9)(a), Florida Statutes (1973) provides that any "aggrieved person" may move to suppress an unlawful intercept, and Section 934.”
— 934.09(1) — 7 cases
Bagley v. State, 397 So. 2d 1036 (Fla. 5th DCA 1981).
“Both section 934.09(1), Florida Statutes (1979), and its federal counterpart, 18 U.”
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
— 934.09(1)(3) — 1 case
United States v. Thomas Ralph Farese, 612 F.2d 1376 (5th Cir. 1980).
“Pursuant to Section 934.09(1)(3), Florida Statutes, to the Affiant’s knowledge, no other order has been made for an Order authorizing the interception of communications regarding the premises, above described, (and/or) the indicated persons, (and/or) any persons connected with…”
— 934.09(1)(a) — 1 case
Bagley v. State, 397 So. 2d 1036 (Fla. 5th DCA 1981).
“Both section 934.09(1), Florida Statutes (1979), and its federal counterpart, 18 U.”
— 934.09(1)(b) — 2 cases
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
— 934.09(1)(c) — 8 cases
Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).
“[14] Section 934.09, Florida Statutes (1983), provides in relevant part: (3) Upon such application, the judge may enter an ex parte order .”
Zuppardi v. State, 367 So. 2d 601 (Fla. 1978).
“[15] Adherence to the strict statutory procedures prescribed in Section 934.09, as occurred here, accommodates both the needs of law enforcement officials and the legislature's asserted objective simultaneously "to protect effectively the privacy of .”
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
— 934.09(1)(d) — 1 case
Copeland v. State, 435 So. 2d 842 (Fla. 2d DCA 1983).
“) The state admits that the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried normal investigative procedures which failed or why such procedures reasonably appeared either to be unlikely to succeed or to be too dangerous if…”
— 934.09(10)(a) — 3 cases
— 934.09(2) — 1 case
— 934.09(3) — 8 cases
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
Rodriguez v. State, 297 So. 2d 15 (Fla. 1974).
“PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap order may be issued; subsection (1)(b) requires a full and complete statement of the facts and circumstances relied upon to justify the applicant's belief that an order should be issued, including…”
United States v. Harvey, 560 F. Supp. 1040 (S.D. Fla. 1983).
“Defendants Jernigan and Harvey, among others, argue that there was insufficient probable cause in accordance with Fla.Stat. § 934.09(3) to issue the order.”
— 934.09(3)(a) — 6 cases
Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).
“[14] Section 934.09, Florida Statutes (1983), provides in relevant part: (3) Upon such application, the judge may enter an ex parte order .”
Rodriguez v. State, 297 So. 2d 15 (Fla. 1974).
“PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap order may be issued; subsection (1)(b) requires a full and complete statement of the facts and circumstances relied upon to justify the applicant's belief that an order should be issued, including…”
— 934.09(3)(c) — 3 cases
Zuppardi v. State, 367 So. 2d 601 (Fla. 1978).
“[15] Adherence to the strict statutory procedures prescribed in Section 934.09, as occurred here, accommodates both the needs of law enforcement officials and the legislature's asserted objective simultaneously "to protect effectively the privacy of .”
Copeland v. State, 435 So. 2d 842 (Fla. 2d DCA 1983).
“) The state admits that the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried normal investigative procedures which failed or why such procedures reasonably appeared either to be unlikely to succeed or to be too dangerous if…”
— 934.09(3)(d) — 2 cases
Rodriguez v. State, 297 So. 2d 15 (Fla. 1974).
“PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap order may be issued; subsection (1)(b) requires a full and complete statement of the facts and circumstances relied upon to justify the applicant's belief that an order should be issued, including…”
— 934.09(4) — 1 case
— 934.09(4)(c) — 2 cases
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
— 934.09(4)(e) — 1 case
Copeland v. State, 435 So. 2d 842 (Fla. 2d DCA 1983).
“) The state admits that the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried normal investigative procedures which failed or why such procedures reasonably appeared either to be unlikely to succeed or to be too dangerous if…”
— 934.09(5) — 7 cases
Hudson v. State, 368 So. 2d 899 (Fla. 3d DCA 1979).
“Hudson contends that the trial court should have suppressed the tape recordings and transcripts obtained through the court-ordered wiretap pursuant to Section 934.09, Florida Statutes (1975) on the grounds of (1) lack of probable cause and staleness, (2) omissions and…”
Rodriguez v. State, 297 So. 2d 15 (Fla. 1974).
“PROBABLE CAUSE F.S. § 934.09, F.S.A. provides the procedure under which a wiretap order may be issued; subsection (1)(b) requires a full and complete statement of the facts and circumstances relied upon to justify the applicant's belief that an order should be issued, including…”
Copeland v. State, 435 So. 2d 842 (Fla. 2d DCA 1983).
“) The state admits that the application did not indicate pursuant to section 934.09(1)(c) whether law enforcement officials tried normal investigative procedures which failed or why such procedures reasonably appeared either to be unlikely to succeed or to be too dangerous if…”
— 934.09(6) — 2 cases
— 934.09(7) — 3 cases
— 934.09(7)(a) — 5 cases
— 934.09(7)(d) — 1 case
— 934.09(7)(e) — 8 cases
State v. Albano, 394 So. 2d 1026 (Fla. 2d DCA 1981).
“-09(8) must be read as having the nature of a discovery device, its purpose being to give notice of the intercept to parties in the proceeding who did not receive notice pursuant to Section 934.09(7)(e). The state’s noncomplianee with Section 934.”
— 934.09(8) — 6 cases
State v. Albano, 394 So. 2d 1026 (Fla. 2d DCA 1981).
“-09(8) must be read as having the nature of a discovery device, its purpose being to give notice of the intercept to parties in the proceeding who did not receive notice pursuant to Section 934.09(7)(e). The state’s noncomplianee with Section 934.”
— 934.09(9) — 2 cases
— 934.09(9)(a) — 8 cases
In Re Grand Jury Investigation, 287 So. 2d 43 (Fla. 1973).
“The subject motions alleged that petitioners were `aggrieved' persons within the purview of Section 934.09, Florida Statutes; that the orders of authorization and approval under which the wire and oral communications were intercepted were not properly issued; the communications…”
State v. News-Press Pub. Co., 338 So. 2d 1313 (Fla. 2d DCA 1976).
“" On the other hand, Section 934.09(9)(a), Florida Statutes (1973) provides that any "aggrieved person" may move to suppress an unlawful intercept, and Section 934.”
— 934.09(9)(a)(l) — 1 case
— 934.09(l)(a) — 2 cases
— 934.09(l)(b) — 2 cases
United States v. Thomas Ralph Farese, 612 F.2d 1376 (5th Cir. 1980).
“Pursuant to Section 934.09(1)(3), Florida Statutes, to the Affiant’s knowledge, no other order has been made for an Order authorizing the interception of communications regarding the premises, above described, (and/or) the indicated persons, (and/or) any persons connected with…”
— 934.09(l)(c) — 12 cases
United States v. Thomas Ralph Farese, 612 F.2d 1376 (5th Cir. 1980).
“Pursuant to Section 934.09(1)(3), Florida Statutes, to the Affiant’s knowledge, no other order has been made for an Order authorizing the interception of communications regarding the premises, above described, (and/or) the indicated persons, (and/or) any persons connected with…”
— 934.09(l)(d) — 2 cases
United States v. Thomas Ralph Farese, 612 F.2d 1376 (5th Cir. 1980).
“Pursuant to Section 934.09(1)(3), Florida Statutes, to the Affiant’s knowledge, no other order has been made for an Order authorizing the interception of communications regarding the premises, above described, (and/or) the indicated persons, (and/or) any persons connected with…”
— 934.09(l)(e) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.