Payne v. State

A Fort Lauderdale police officer testified that he taped a telephone' conversation while assigned to a special crack cocaine investigation unit. The telephone call began as a two-party conversation between the Cl and the officer. The Cl then dialed a third party. The officer testified that the Cl “let [him] listen in to the conversation.” The officer tape-recorded both conversations. On the same day, the officer obtained a warrant to search a house. At trial, over defense counsel’s objection, the judge admitted the tape into evidence.

I respectfully dissent to the majority holding that the…