Florida Statute 934.32 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.32

934.32 Application for an order for a pen register or a trap and trace device.—

(1)(a) The Governor, the Attorney General, a state attorney, the statewide prosecutor, or a designated assistant state attorney or assistant statewide prosecutor may make application for an order or an extension of an order under s. 934.33 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to the judge of a court of competent jurisdiction.

(b) An investigative or law enforcement officer may make application for an order or an extension of an order under s. 934.33 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to the judge of a court of competent jurisdiction.

(2) An application under subsection (1) must include:

(a) The identity of the applicant specified in the section and the identity of the law enforcement agency conducting the investigation, and

(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency.

History.—s. 10, ch. 88-184.

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Amendments to 934.32

Arrestable Offenses / Crimes under Fla. Stat. 934.32

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.32.

Annotations, Discussions, Cases:

Cases Citing Statute 934.32

Total Results: 6

ANTHONY FERRARI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-05T00:53:00-07:00

Snippet: records provided an affidavit pursuant to sections 934.32 and 934.33, Florida Statutes (2001), which allows

Shawn Alvin Tracey v. State of Florida

Court: Fla. | Date Filed: 2014-10-16T00:00:00-07:00

Citation: 152 So. 3d 504, 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072

Snippet: the officer making the application under section 934.32, Florida Statutes (2007), certified that the information…ongoing criminal investigation” by that agency. § 934.32(2)(b), Fla. Stat. (2007) (emphasis added).

Tracey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

Citation: 69 So. 3d 992, 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

Snippet: "Security of Communications." Section 934.32 allows the installation of a mobile tracking device

State v. Jackson

Court: Fla. | Date Filed: 1995-02-09T00:00:00-08:00

Citation: 650 So. 2d 24

Snippet: pen register or a trap-and-trace device.[1]See §§ 934.32, .33, Fla. Stat. (1991). The detectives monitored…pen register or a trap-and-trace device. See §§ 934.32, .33, Fla. Stat. (1991). The State concedes that

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-13T00:53:00-07:00

Citation: 636 So. 2d 1372

Snippet: only adhere to the procedure outlined in sections 934.32 and 934.33, Florida Statutes (1991), to authorize…the installation of a pen register under sections 934.32 and 934.33 are considerably less stringent.[2] …has the authority to apply for such an order. § 934.32(1)(b). The application need only contain the identity… conducted by the investigating agency." § 934.32(2). Based on this certification, a judge is authorized…, § 10, at 1038-1039 (codified as amended at §§ 934.32 and 934.33, Fla. Stat. (Supp. 1988)); 18 U.S.C.

Shaktman v. State

Court: Fla. | Date Filed: 1989-10-12T00:53:00-07:00

Citation: 553 So. 2d 148

Snippet: amp;amp; Admin. News (100 Stat.) 1872). [12] §§ 934.32-934.33, Fla. Stat. (Supp. 1988) (effective October