Florida District Courts of Appeal, 1981

Miles v. State

Miles v. State
Florida District Courts of Appeal · Decided September 24, 1981 · Booth, Shaw, Wentworth
404 So. 2d 778; 1981 Fla. App. LEXIS 21126 (Southern Reporter, Second Series)

Miles v. State

Opinion of the Court

PER CURIAM.

Bobbie Paul Miles appeals his convictions on two counts of unlawful sale of a controlled substance, contending that the trial court erred in denying his motion to suppress tape recordings of conversations between Miles and one of his employees made in Miles’ home. In State v. Sarmiento, 397 So.2d 643 (Fla. 1981), and Hoberman v. State, 400 So.2d 758 (Fla. 1981), the Florida Supreme Court has held that the Florida Constitution prohibits the warrantless interception of tape recording of a private conversation conducted in the home. None of Miles’ other points on appeal have merit.

Accordingly, the judgment of conviction must be reversed.

BOOTH, SHAW and WENTWORTH, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.