Summary
In Florida, controlled calls by law enforcement require either consent from one party or judicial approval under Statute 934.03-934.09. Non-consensual interceptions occur when neither party consents, and law enforcement records without a warrant in situations with privacy expectations. Minors can participate in controlled calls if deemed necessary, often requiring parental consent. Controlled calls are investigative tools and not entrapment unless coercion is involved. Coercion involves force or threats to influence actions unfairly. Self-incrimination during a controlled call can be used against you if provided voluntarily. If a victim conducts a call without law enforcement, it may not follow the same protocols and could be inadmissible if obtained unlawfully. Consulting a lawyer is advisable for specific legal advice.Full Conversation
The police called me and I spoke without having knowledge that I was being recorded
In Florida, it's generally legal for someone to record a conversation if they are a participant or have consent from one of the participants. However, law enforcement typically has different rules. Were you aware it was law enforcement calling, and did they inform you of the recording at any point?
No
In Florida, it's vital to know if you were informed about the recording by the police. Law enforcement usually follows specific protocols. If you weren't informed, there might be legal implications. Would you like details on how to address this situation legally?
I’d like to know the protocol for what the police have to do in order to allow a controlled call and do they have to submit an application with a judge under statue *.*-*.*
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Here's some general information regarding controlled calls and recording protocols by law enforcement in Florida:
- Law enforcement may conduct controlled calls as part of an investigation.
- Under Florida Statute *.*-*.*, police typically need either consent from one party or judicial approval for non-consensual interceptions.
- A warrant or court order may be necessary for recordings involving privacy expectations.
Would you like more details on how to address this legally?
So what would deem a non consensual interception
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In Florida, a non-consensual interception occurs when:
- Neither party in a conversation consents to being recorded.
- Law enforcement records without a warrant or court order in situations where privacy is expected.
Would you like guidance on how to proceed with this potentially complex legal situation?
*.*
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It seems you're dealing with a nuanced situation involving police practices and recording laws in Florida. The statutes you mentioned, *.*-*.*, emphasize consent or judicial approval for interceptions. Understanding whether a warrant was needed could clarify your situation. Would you like guidance on addressing this issue legally?
Is a minor allowed to ask questions during a controlled call
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In Florida, minors generally can participate in controlled calls if law enforcement deems it necessary for an investigation. However, parental consent might be required depending on the situation. It's essential to consult a lawyer for specific legal advice. Do you need further guidance on this?
So you can be questioned by the victim in a controlled call not the police ?
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In Florida, a controlled call can be conducted by law enforcement with a victim or witness asking questions to gather evidence. It's often used in investigations to record conversations with suspects. Would you like more information on how to handle this situation legally?
How is that not entrapment
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Entrapment occurs when law enforcement induces someone to commit a crime they would not otherwise commit. In Florida, controlled calls are investigative tools not necessarily constituting entrapment unless coercion is involved. If you're concerned, consulting a lawyer is advisable. Do you have any specific concerns or questions about this situation?
Define coercion please
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Coercion involves using force, threats, or intimidation to make someone do something against their will. In legal terms, it can invalidate agreements or be considered illegal if it influences actions unfairly. If you have concerns about coercion in your situation, consulting a lawyer might be beneficial. Let me know if you need anything else!
Please define the legality of self incrimination in a controlled call
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In Florida, self-incrimination during a controlled call can be complex. Generally, if you voluntarily provide information that implicates you without coercion, it may be used against you. Controlled calls are lawful investigative tools when conducted under proper protocols. Consulting a lawyer for specific advice is recommended.
What’s the proper protocol ?
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In Florida, controlled calls by law enforcement usually require:
- Consent from one party involved or a court order.
- Adherence to Florida Statute *.*-*.*.
- Proper notification if recording is involved.
Would you like more details on any specific aspect of these protocols?
What if the controlled call was done by the victim without law enforcement being present
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In Florida, if a controlled call is conducted by a victim without law enforcement being present, it usually doesn't involve the same legal protocols as law enforcement-led calls. However, the legality depends on consent and the expectation of privacy. It may not be admissible in court if obtained unlawfully. Would you like more information on how this might affect your legal situation?
So the police left a recording device and said if he calls record the conversation
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In Florida, if the police instructed someone to record a conversation, it likely falls under controlled call protocols. The legality would depend on whether there was consent or judicial approval. If you're concerned about the legality of this situation, it might be wise to consult a lawyer for specific advice.
Do you have any specific questions or concerns about how to proceed?
I have a lawyer thank you
It seems like you have already consulted a lawyer, which is a great step given the complexity of your situation. If you have any more questions in the future or need further legal information, feel free to reach out. Good luck with your case!
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