Hyland v. Wainwright, 356 So. 2d 14

MOORE, Judge.

This is an appeal which concerns the admissibility of a tape recorded conversation of appellant and a co-defendant made without their knowledge while they were confined in a police car. Appellant and his co-defendant were arrested on a charge of burglary and placed in a police vehicle. Unbeknown to the appellant and his co-defendant was the fact that their conversation was being recorded without their express permission.

The facts of this case are identical to those which this court considered in Brown v. State, 349 So.2d 1196 (Fla. 4th DCA 1977), wherein we affirmed the admission of such a tape recording. Accordingly, the judgment and sentence imposed herein are

AFFIRMED.

DOWNEY and DAUKSCH, JJ., concur.

Case Details

Case Name: Hyland v. Wainwright

Court Name: District Court of Appeal of Florida

Date Published: Dec 28, 1977

Citations: 356 So. 2d 14; 1977 Fla. App. LEXIS 16986; No. 76-1739

Docket Number: No. 76-1739

Court Abbreviation: Fla. Dist. Ct. App.