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Florida Statute 934.06 | Lawyer Caselaw & Research
F.S. 934.06 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 934.06

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
F.S. 934.06
934.06 Prohibition of use as evidence of intercepted wire or oral communications; exception.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, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. The prohibition of use as evidence provided in this section does not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter.
History.s. 6, ch. 69-17; s. 4, ch. 89-269.

F.S. 934.06 on Google Scholar

F.S. 934.06 on Casetext

Amendments to 934.06


Arrestable Offenses / Crimes under Fla. Stat. 934.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.06.



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. CAMPBELL D. v. DEPARTMENT OF TRANSPORTATION,, 267 So. 3d 541 (Fla. App. Ct. 2019)

. . . communications were private, and that the recording and transcript were inadmissible under section 934.06 . . .

SMITH, II, v. STATE, 261 So. 3d 714 (Fla. App. Ct. 2018)

. . . . § 934.06. Here, Mother recorded her conversation with Smith. . . . the State attempted to admit the recorded phone call into evidence, Smith objected based on section 934.06 . . . Our supreme court has held that the exclusionary rule in section 934.06, Florida Statutes (2016), is . . .

STATE v. GARCIA,, 252 So. 3d 783 (Fla. App. Ct. 2018)

. . . were obtained in violation of the prohibition against surreptitious recordings contained in section 934.06 . . . More specifically, section 934.06 provides: Whenever any wire or oral communication has been intercepted . . .

W. TUNDIDOR, v. STATE, 221 So. 3d 587 (Fla. 2017)

. . . Section 934.06, Florida Statutes, provides that secret recordings cannot be used as evidence unless an . . .

STATE v. CARABALLO,, 198 So. 3d 819 (Fla. Dist. Ct. App. 2016)

. . . The trial court ruled that the statements were inadmissible because the recording violated section 934.06 . . . Section 934.06 states that “[wjhenever any wire or oral communication has been intercepted, no part of . . . Inciarrano, 473 So.2d 1272, 1275 (Fla.1985), the Florida Supreme Court held that to prevail under section 934.06 . . .

BELLE, v. STATE, 177 So. 3d 285 (Fla. Dist. Ct. App. 2015)

. . . Belle filed a motion to exclude the iPhone recording under section 934.06, Florida Statutes (2012). . . . made in violation of section 934.03 is inadmissible as evidence in any trial or legal proceeding. § 934.06 . . . Although a motion to suppress or exclude evidence under section 934.06 has similarities to a motion to . . .

BATH FITTER FRANCHISING, INC. v. LABELLE,, 156 So. 3d 588 (Fla. Dist. Ct. App. 2015)

. . . . § 934.06, Fla. Stat. (2014). Affirmed as to both the appeal and cross-appeal. . . .

R. McDADE, v. STATE, 154 So. 3d 292 (Fla. 2014)

. . . According to Judge Villanti, section 934.06 is unambiguous and the recordings clearly fall within the . . . Section 934.06 provides that the contents of any improperly intercepted communication may not be used . . . The Court concluded that the recording was inadmissible under section 934.06, Florida Statutes (1975) . . . Section 934.06, Florida Statutes (1975), contains no exception to the prohibition against use of the . . . CONCLUSION We thus conclude that the recordings should have been suppressed under section 934.06, and . . .

B. BRUGMANN, v. STATE, 117 So. 3d 39 (Fla. Dist. Ct. App. 2013)

. . . reading the prepared transcripts, the trial court determined that they were inadmissible under section 934.06 . . . Section 934.06, Florida Statutes (2004): Whenever any wire or oral communication has been intercepted . . . exhibiting an expectation of privacy under circumstances that society is willing to accept as reasonable. § 934.06 . . .

R. McDADE, v. STATE, 114 So. 3d 465 (Fla. Dist. Ct. App. 2013)

. . . the portion of the majority’s opinion that could be interpreted as creating an exception to section 934.06 . . . Section 934.06, Florida Statutes (2010), specifically provides: Whenever any wire or oral communication . . . Thus, the plain language of sections 934.03 and 934.06 prohibits the admission of the recordings at issue . . . victim of child sexual abuse should not be subject to the clear and unambiguous provisions of section 934.06 . . . The fact that the legislature has chosen not to create such an exception to section 934.06 conveys an . . . McDade moved to suppress the recordings under section 934.06, Florida Statutes (2010). . . . The standard of review for an order denying a motion to suppress evidence under section 934.06 has not . . . Because McDade was attempting to invoke the protection of 934.06, we conclude that he had the initial . . . such communication and no evidence derived therefrom may be received in evidence in any trial.... ” § 934.06 . . . both civil and criminal penalties, as well as by the statutory exclusionary rule contained is section 934.06 . . .

T. BROWN, Jr. v. MASSACHUSETTS,, 950 F. Supp. 2d 274 (D. Mass. 2013)

. . . J §§ 934.06-934.07). . . .

PERDUE, v. STATE, 78 So. 3d 712 (Fla. Dist. Ct. App. 2012)

. . . See § 934.06, Fla. Stat. (2009). . . .

TRACEY, v. STATE, 69 So. 3d 992 (Fla. Dist. Ct. App. 2011)

. . . . § 934.06, Fla. Stat. (2009). . . .

In APPLICATION OF UNITED STATES FOR AN ORDER AUTHORIZING DISCLOSURE OF LOCATION INFORMATION OF A SPECIFIED WIRELESS TELEPHONE, 849 F. Supp. 2d 526 (D. Md. 2011)

. . . . §§ 934.06, 934.42; S.C.Code Ann. § 17-30-140; Okla. . . .

HENTZ, v. STATE, 62 So. 3d 1184 (Fla. Dist. Ct. App. 2011)

. . . Section 934.06 states that no part of an intercepted communication may be received into evidence where . . . the disclosure of that information would be a violation of the statute. § 934.06, Fla. . . .

L. PULLAM, v. STATE, 55 So. 3d 674 (Fla. Dist. Ct. App. 2011)

. . . includes a $10 surcharge under section 938.04, Florida Statutes (2009), and a $20 court cost under section 934.06 . . .

UNITED STATES v. MAYNARD,, 615 F.3d 544 (D.C. Cir. 2010)

. . . . §§ 934.06, 934.42; S.C.Code Ann. § 17-30-140; Okla. Stat., tit. 13, §§ 176.6, 177.6; Haw. Rev. . . .

MACKERLEY, v. SECRETARY FOR DEPARTMENT OF CORRECTIONS,, 284 F. App'x 736 (11th Cir. 2008)

. . . . § 934.06 (West 2008). . Appellant’s request for oral argument is DENIED. . . .

STATE v. PRUITT,, 967 So. 2d 1021 (Fla. Dist. Ct. App. 2007)

. . . See §§ 901.151(6) (“Stop and Frisk Law”); 934.06 (illegally intercepted wire or oral communications), . . .

ATKINS, v. STATE, 930 So. 2d 678 (Fla. Dist. Ct. App. 2006)

. . . Section 934.06 provides: Whenever any wire or oral communication has been intercepted, no part of the . . . Therefore, based upon section 934.06, the tape recording is inadmissible to impeach Doctor. . . .

IBAR, v. STATE, 938 So. 2d 451 (Fla. 2006)

. . . Section 934.06, Florida Statutes (1999), prohibits the contents of an intercepted communication from . . .

JENKINS, v. STATE, 924 So. 2d 20 (Fla. Dist. Ct. App. 2006)

. . . For example, section 934.06, Florida Statutes (2005), provides that the content of illegally intercepted . . .

O BRIEN, v. O BRIEN,, 899 So. 2d 1133 (Fla. Dist. Ct. App. 2005)

. . . The exclusionary provisions of the Act are found in section 934.06, Florida Statutes (2003), which provides . . .

UNITED STATES v. B. AISENBERG J., 247 F. Supp. 2d 1272 (M.D. Fla. 2003)

. . . . § 934.06 provides a statutorily created exclusionary remedy; Leon addresses the judicially created . . .

O. HORNING- KEATING, v. STATE, 777 So. 2d 438 (Fla. Dist. Ct. App. 2001)

. . . comment on the state’s use of tape-recorded conversation which has been obtained in violation of section 934.06 . . . Section 934.06 prohibits the use of evidence obtained as a result of intercepted communications. . . . Constitution by Article I, Sections 12 and 23 of the Florida Constitution, and by sections 934.03 and 934.06 . . .

OTERO n k a v. H. OTERO,, 736 So. 2d 771 (Fla. Dist. Ct. App. 1999)

. . . admission of the tape into evidence did not violate the statutory exclusionary rule found in section 934.06 . . . The statutory exclusionary rule found in section 934.06 prohibits the contents of an intercepted communication . . .

UNITED STATES v. GLINTON,, 154 F.3d 1245 (11th Cir. 1998)

. . . Stat. ch. 934.06 states: Whenever any wire or oral communication has been intercepted, no part of the . . .

STATE v. WILLIAMSON,, 701 So. 2d 1243 (Fla. Dist. Ct. App. 1997)

. . . Section 934.06 makes inadmissible only “the contents of such communication and ... evidence derived therefrom . . . Nor does section 934.06 prevent the disclosure that a telephone conversation between Khalilian and appellees . . . consider the authorized recordings as inevitable discovery or as discovery not prohibited by section 934.06 . . .

STEVENSON, v. STATE, 667 So. 2d 410 (Fla. Dist. Ct. App. 1996)

. . . and the prohibition against using intercepted oral communications as evidence, contained in section 934.06 . . .

STATE v. SMITH,, 641 So. 2d 849 (Fla. 1994)

. . . concluded that the tape recording and any evidence derived from it were inadmissible under section 934.06 . . . Consequently, the section 934.06 prohibition against the use of intercepted oral communications as evidence . . . Section 934.06, Florida Statutes (1991), provides in relevant part: Whenever any wire or oral communication . . .

JACKSON, v. STATE, 636 So. 2d 1372 (Fla. Dist. Ct. App. 1994)

. . . the trial court should have excluded evidence derived from the duplicate display pager under section 934.06 . . . To that end, section 934.06 specifically prohibits the use of any evidence obtained or derived from an . . .

MILLER, v. STATE, 619 So. 2d 9 (Fla. Dist. Ct. App. 1993)

. . . Section 934.06 prohibits the use of any information obtained from wire or oral communications as evidence . . .

BARRETT, v. STATE, 618 So. 2d 269 (Fla. Dist. Ct. App. 1993)

. . . evidence derived in the instant case as a result of that recording, are inadmissible under section 934.06 . . .

SMITH, v. STATE, 616 So. 2d 509 (Fla. Dist. Ct. App. 1993)

. . . the contents of the tape recording and any evidence derived therefrom are inadmissible under section 934.06 . . .

SPRINGLE, v. STATE WILSON, v. STATE, 613 So. 2d 65 (Fla. Dist. Ct. App. 1993)

. . . Florida Statutes (1991), and consequently, the evidence derived therefrom is inadmissible under section 934.06 . . .

THE FLORIDA BAR, v. McCLURE,, 575 So. 2d 176 (Fla. 1991)

. . . not come within the prohibition against the use of illegally obtained evidence set forth in section 934.06 . . .

SGOUROS v. STATE OF FLORIDA, 41 Fla. Supp. 2d 35 (Fla. Cir. Ct. 1990)

. . . If the recording did in fact violate the statute, the tape is inadmissible under section 934.06. . . . the appellant did not have a reasonable expectation of privacy and the exclusionary rule of section 934.06 . . .

SUTTON, v. STATE SUTTON, v. STATE, 556 So. 2d 1211 (Fla. Dist. Ct. App. 1990)

. . . Leon did not override the mandatory exclusion of evidence which is statutorily required by section 934.06 . . .

STATE v. GARCIA, STATE v. H. DAVIS,, 547 So. 2d 628 (Fla. 1989)

. . . 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), is better law than the mandatory exclusion required by section 934.06 . . . . § 934.06, Fla.Stat. (1985). . . .

STATE OF FLORIDA v. ROSA,, 37 Fla. Supp. 2d 157 (Fla. Cir. Ct. 1988)

. . . Section 934.06, Florida Statutes. . . .

H. DAVIS, v. STATE SUMLIN, v. STATE DAVIS, v. STATE, 529 So. 2d 732 (Fla. Dist. Ct. App. 1988)

. . . Suppression of evidence obtained from an illegally obtained wiretap is further mandated by section 934.06 . . . Reference to such exclusion for violations of section 934.06, Florida Statutes, appears in this court . . .

STATE v. C. LOCKMAN,, 525 So. 2d 1001 (Fla. Dist. Ct. App. 1988)

. . . Section 934.06, Florida Statutes (1985) says: We grant the writ and quash the order of suppression. . . .

STATE v. C. LOCKMAN,, 522 So. 2d 482 (Fla. Dist. Ct. App. 1988)

. . . The state seeks review of an order which under the authority of section 934.09(9)(a) and section 934.06 . . .

MORALES, v. STATE, 513 So. 2d 695 (Fla. Dist. Ct. App. 1987)

. . . that is, one that society is prepared to recognize as reasonable — the exclusionary rule of Section 934.06 . . .

STATE OF FLORIDA v. MCKINNEY,, 19 Fla. Supp. 2d 87 (Polk Cty. Ct. 1986)

. . . prohibiting the use as evidence of unlawfully intercepted wire communications contained in Florida Statute 934.06 . . . Pursuant to Florida Statute 934.06, the Court finds that the disclosure of information obtained from . . . wholly obviate the necessity for any exclusionary rule, be it that as contained in Florida Statute 934.06 . . .

STATE v. CALHOUN,, 479 So. 2d 241 (Fla. Dist. Ct. App. 1985)

. . . In addition to the felony sanctions, section 934.06 expressly provides that no part of the contents of . . . violation of section 934.03, Florida Statutes, and must be excluded from evidence pursuant to section 934.06 . . .

STATE v. INCIARRANO,, 473 So. 2d 1272 (Fla. 1985)

. . . 934.03, Florida Statutes (1981), proscribed the interception of these oral communications and section 934.06 . . . In Walls, this Court addressed the constitutionality of sections 934.02(2), 934.-03, and 934.06 and the . . .

STATE OF FLORIDA v. CALHOUN, 7 Fla. Supp. 2d 3 (Fla. Cir. Ct. 1984)

. . . In addition to the felony sanctions, section 934.06 expressly provides that no part of the contents of . . . violation of section 934.03, Florida Statutes, and must be excluded from evidence pursuant to section 934.06 . . .

INCIARRANO, v. STATE, 447 So. 2d 386 (Fla. Dist. Ct. App. 1984)

. . . . § 934.06, Fla.Stat. (1981). . . .

SMITH, v. STATE, 407 So. 2d 399 (Fla. Dist. Ct. App. 1981)

. . . defendant’s conversations was in violation of both Article I, § 12 of the Florida Constitution and § 934.06 . . .

ODOM, v. STATE, 403 So. 2d 936 (Fla. 1981)

. . . See § 934.06, Fla.Stat. (1975). . . .

STATE v. J. TSAVARIS,, 394 So. 2d 418 (Fla. 1981)

. . . Feegel’s recording did not amount to an interception within the contemplation of section 934.06 is convincing . . . Section 934.06, Florida Statutes (1979), provides: Whenever any wire or oral communication has been intercepted . . . Section 934.06. This recording, however, was not an interception. . . . Section 934.06, Florida Statutes (1979), provides: Whenever any wire or oral communication has been intercepted . . .

SHAYNE, v. STATE, 384 So. 2d 711 (Fla. Dist. Ct. App. 1980)

. . . contends, however, that the contents of the January calls should have been suppressed pursuant to Section 934.06 . . .

STATE v. J. TSAVARIS,, 382 So. 2d 56 (Fla. Dist. Ct. App. 1980)

. . . The only possible statutory prohibition is Section 934.06, Florida Statutes (1979), which provides in . . . Section 934.06 provides that whenever a communication has been intercepted, no part of the contents of . . .

STATE v. KEATON,, 371 So. 2d 86 (Fla. 1979)

. . . . § 934.06, Fla.Stat. (1977). . . . section 934.02(4)(a) provides that the contents of the call are exempted from the exclusion of section 934.06 . . .

CAMPBELL, v. STATE, 365 So. 2d 751 (Fla. Dist. Ct. App. 1978)

. . . Section 934.06 prohibits the reception at trial of any evidence which was obtained in violation of Ch . . .

STATE v. NOVA,, 361 So. 2d 411 (Fla. 1978)

. . . Section 934.06 provides: Prohibition of use as evidence of intercepted wire or oral communications.— . . .

UNITED STATES v. A. NELLIGAN,, 573 F.2d 251 (5th Cir. 1978)

. . . . § 934.06 (1973) forbids the use in evidence of unlawfully taped conversations. . . .

In SPRING TERM PINELLAS COUNTY GRAND JURY W. R. In STATE INVESTIGATION W. R., 357 So. 2d 770 (Fla. Dist. Ct. App. 1978)

. . . Section 934.06 specifically states that evidence obtained as a result of violation of Chapter 934, Florida . . .

STATE v. WALLS, 356 So. 2d 294 (Fla. 1978)

. . . interlocutory order of the trial court upholding the constitutional validity of Sections 934.02(2), 934.03 and 934.06 . . . 943.03, Florida Statutes, and that use of the electronic recording as evidence is prohibited by Section 934.06 . . . Granting the motion to suppress, the trial judge expressly ruled Sections 934.02(2), 934.03 and 934.06 . . . Section 934.06, Florida Statutes (1975), provides: “Whenever any wire or oral communication has been . . . Appellant in effect requests this Court to create an exception to Section 934.06, Florida Statutes (1975 . . .

NOVA, v. STATE, 346 So. 2d 1214 (Fla. Dist. Ct. App. 1977)

. . . communication have given prior consent to such interception” controls and that pursuant to Section 934.06 . . . contents of the intercepted communication should not have been allowed at trial, pursuant to Section 934.06 . . .

STATE v. NEWS- PRESS PUBLISHING COMPANY, a k a a, 338 So. 2d 1313 (Fla. Dist. Ct. App. 1976)

. . . The News-Press relies upon Section 934.06, Florida Statutes (1973) which reads: “934.06 Prohibition of . . . Despite the broad language of Section 934.06, Florida Statutes (1973), our Supreme Court in the case . . . person to make an illegal tape recording and then rely upon the evidentiary prohibitions of Section 934.06 . . .

G. HORN, v. STATE, 298 So. 2d 194 (Fla. Dist. Ct. App. 1974)

. . . (F.S. 934.06; F.S. 934.09(8)) Further, the Supreme Court of Florida has already so interpreted Chapter . . . Florida Statute 934.06, F.S.A., provides as follows: “Whenever any wire or oral communication has been . . .

TAYLOR, v. STATE, 292 So. 2d 375 (Fla. Dist. Ct. App. 1974)

. . . If so, the evidence would have been prohibited by Section 934.06 which provides as follows: “Whenever . . .

In GRAND JURY INVESTIGATION. In COBO,, 287 So. 2d 43 (Fla. 1973)

. . . . § 934.06, F.S.A., provides as follows: “Whenever any wire or oral communication has been intercepted . . . The First District Court recognized that in a wiretap case under F.S. § 934.06, F.S. . . . If as per the District Court of Appeal’s conclusion, F.S. § 934.06, F.S. . . . . § 934.06, F.S.A., supra, to prohibit unauthorized wiretap information going to the grand jury? . . . [Section 934.06] “The suppression section of the act provides in pertinent part: ‘Any aggrieved person . . . evidentiary prohibition section of the federal act, 18 U.S.C. § 2515 (the counterpart of our statute, F.S. § 934.06 . . .

In GRAND JURY INVESTIGATION CONCERNING EVIDENCE OBTAINED BY COURT AUTHORIZED WIRETAPS, 276 So. 2d 234 (Fla. Dist. Ct. App. 1973)

. . . . § 934.06, F.S.A.), as a defense to the contempt charges of which they had been adjudged guilty. . . . F.S., § 934.06, F.S.A. . . . .

H. MARKHAM, v. S. MARKHAM,, 272 So. 2d 813 (Fla. 1973)

. . . derived therefrom, relying upon Title 18, Section 2518, of the Omnibus Crime Bill of 1968, and Section 934.06 . . .

v., 39 T.C. 856 (T.C. 1963)

. . . 00 Capital_ $500. 00 Union Trust Company_ 25, 084.66 Surplus- 13, 636.29 Guardian Trust Company_ 6, 934.06 . . .

DUDLEY v. MEALEY, 147 F.2d 268 (2d Cir. 1945)

. . . as follows: $16,000 of “First Mortgage 5% Bonds” of date May 1, 1909, overdue, on which interest of $934.06 . . .

AMERICAN LOAN CO. v. HANDY,, 16 F. Supp. 107 (D. Del. 1936)

. . . . 44.27 Help wanted advertisements for salesmen.............. 2,015.64 Miscellaneous .............. 934.06 . . .

ALBURY v. CARGO OF THE LUGANO, 215 F. 963 (S.D. Fla. 1913)

. . . the salvage work making two trips with cargo, was short in the delivery of goods to the amount of $934.06 . . .