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STATE v. SELLS

No. 90-1839.

582 So.2d 1244 (1991)

STATE of Florida, Appellant, v. David M. SELLS, Appellee.

District Court of Appeal of Florida, Fourth District.

July 24, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

A. Hinda Klein of Rubin, Rubin & Fuqua, P.A., Miami, for appellee.

ANSTEAD, Judge.

The state challenges an order dismissing charges against David Sells, for endeavoring to intercept oral communications in violation of section 934.03(1)(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...

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