McDade v. State
114 So. 3d 465
Fla. Dist. Ct. App.2013Background
- McDade was convicted of two counts of sexual battery on a child under twelve, one count of solicitation of sexual activity with a child, and two counts of sexual battery by a person in familial or custodial authority.
- The victim, sixteen, alleged years of sexual abuse by McDade, her stepfather, starting when she was ten.
- Two recordings made by the victim, with help from her boyfriend, were admitted at trial as key evidence.
- McDade moved to suppress the recordings under Florida Statutes chapter 934; the trial court denied the motion.
- The victim’s boyfriend testified that she told him she was being raped; defense objected as hearsay, but the court admitted the testimony.
- The Florida appellate court held the boyfriend’s testimony and the recordings were admissible under statutory and evidentiary standards, but certified a question to the Florida Supreme Court on the recordings’ compliance with chapter 934.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the boyfriend’s testimony hearsay? | McDade | McDade | Testimony not hearsay; admissible to explain why recordings were made. |
| Do the victim’s recordings violate chapter 934.06? | McDade | McDade | Court held recordings generally fall outside 934.06 under the circumstances and certified a question to the Florida Supreme Court. |
| What standard governs the suppression ruling here? | State | McDade | De novo review of statutory interpretation; trial court’s ruling reviewed under legal standard. |
| Should the supreme court clarify whether a minor’s recording of abuse falls within 934.06? | State | McDade | Question certified to Florida Supreme Court; majority affirms conviction while asking court to resolve the doctrinal issue. |
Key Cases Cited
- Ray v. State, 755 So.2d 604 (Fla.2000) (admission of evidence within trial court discretion; harmless error standard)
- Krampert v. State, 13 So.3d 170 (Fla. 2d DCA 2009) (statements not offered to prove truth of matter asserted; effect on listener)
- Ventura v. State, 29 So.3d 1086 (Fla.2010) (harmless error standard in suppression context)
- State v. Inciarrano, 473 So.2d 1272 (Fla.1985) (societal-approval test for privacy in oral communications)
- Walls v. State, 356 So.2d 294 (Fla.1978) (extortion threat as oral communication; older authority on 934)
- Shapiro v. State, 390 So.2d 344 (Fla.1980) (Fourth Amendment origins; warrantless search framework)
- Katz v. United States, 389 U.S. 347 (1984) (reasonable expectation of privacy—core privacy standard)
- Jardines v. State, 73 So.3d 34 (Fla.2011) (privacy expectations in home context)