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Florida Statute 934.42 | Lawyer Caselaw & Research
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F.S. 934.42 Case Law from Google Scholar Google Search for Amendments to 934.42

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
F.S. 934.42
934.42 Mobile tracking device authorization.
(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device.
(2) An application under subsection (1) of this section must include:
(a) A statement of the identity of the applicant and the identity of the law enforcement agency conducting the investigation.
(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.
(c) A statement of the offense to which the information likely to be obtained relates.
(d) A statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which authorization is being sought.
(3) Upon application made as provided under subsection (2), the court, if it finds that the certification and statements required by subsection (2) have been made in the application, shall enter an ex parte order authorizing the installation and use of a mobile tracking device. Such order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of Florida if the device is installed within the jurisdiction of the court.
(4) A court may not require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order.
(5) The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices shall apply to the installation and use of any device as authorized by this section.
(6) As used in this section, a “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
History.s. 16, ch. 89-269.

F.S. 934.42 on Google Scholar

F.S. 934.42 on Casetext

Amendments to 934.42


Arrestable Offenses / Crimes under Fla. Stat. 934.42
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.42.



Annotations, Discussions, Cases:

Cases Citing Statute 934.42

Total Results: 4

STATE OF FLORIDA v. DANNY MARTIN

Court: District Court of Appeal of Florida | Date Filed: 2019-11-27

Snippet: applied for court orders under sections 934.23, 934.42, and 92.605, Florida Statutes (2012), which authorized

STATE OF FLORIDA v. QUINTON REDELL SYLVESTRE

Court: District Court of Appeal of Florida | Date Filed: 2018-09-05

Citation: 254 So. 3d 986

Snippet: because it was not a warrant. Relying on section 934.42, Florida Statutes (2012), the Defendant argues

Carrion v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-01-19

Citation: 235 So. 3d 1051

Snippet: we recently did in Moulton v. State, 230 So.3d 934, 42 Fla. L. Weekly D2434 (Fla. 2d DCA Nov. 15, 2017)

Tracey v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

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

Snippet: being conducted by the investigating agency." § 934.42(2)(c), Fla. Stat. (2009). Similar to the SCA, section