199 So. 3d 1022
Fla. Dist. Ct. App.2016Background
- Bruce Strachan was convicted by a jury of three counts of first-degree murder and sentenced to three consecutive life terms.
- At trial, the jury was allowed to read transcripts of recorded jail calls made by Strachan; the defense objected during trial.
- Strachan moved to suppress the recorded jail calls as fruit of alleged improper police conduct and to suppress an AK-47 found in a shed; the trial court denied both motions.
- The shed where the gun was found was owned by Strachan’s cousin, used by multiple people, unlocked, and searched with the cousin’s consent.
- The trial court found Strachan lacked a reasonable expectation of privacy in the shed.
- On appeal, the Fourth District affirmed the convictions and sentences, addressing three preserved issues: jury use of transcripts, suppression of calls, and suppression of the gun.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Jury use of transcripts of recorded calls | Trial court erred by allowing jurors to read transcripts of Strachan’s recorded calls | Objection was untimely; any error was harmless given instructions and replaying of tapes | Affirmed — objection waived for late notice; alternatively any error was harmless |
| Suppression of recorded jail calls | Calls were tainted as fruit of improper police conduct and should be suppressed | Calls would have been made regardless; but-for causation lacking | Affirmed denial — record shows independent desire to call; not the but-for result of police misconduct |
| Suppression of gun found in shed | Strachan had standing and the search violated the Fourth Amendment | Strachan lacked a legitimate expectation of privacy in cousin’s shed; owner consented | Affirmed denial — trial court’s finding of no subjective expectation of privacy not clearly erroneous |
Key Cases Cited
- Martinez v. State, 761 So. 2d 1074 (Fla. 2000) (trial court should make independent pretrial determination of transcript accuracy)
- Davis v. State, 121 So. 3d 462 (Fla. 2013) (harmless-error analysis where transcript issues were corrected by instruction and tape replay)
- DiGuilio v. State, 491 So. 2d 1129 (Fla. 1986) (harmless error standard)
- Hudson v. Michigan, 547 U.S. 586 (2006) (but-for causation and limits on suppression remedy)
- Peraza v. State, 69 So. 3d 338 (Fla. 4th DCA 2011) (standing requires legitimate expectation of privacy)
- McBean v. United States, 861 F.2d 1570 (11th Cir. 1988) (subjective expectation of privacy is a factual question reviewed for clear error)