State v. Sells

ANSTEAD, Judge.

The state challenges an order dismissing charges against David Sells, for endeavoring to intercept oral communications in violation of section 934.03(l)(a), Florida Statutes (1989). We reverse and hold that there is a triable issue.1 We do not agree that mere suspicion or implied knowledge that a communication might be recorded makes unreasonable the expectation of privacy in that communication, and immunizes a violator from prosecution as a matter of law.

Sells, a sheriff’s deputy, attempted to record a conversation he had with his supe*1245rior officer, Chief Deputy Crowder, in…