STATE v. FRATELLO

No. 5D02-503.

835 So.2d 312 (2002)

STATE of Florida, Appellant, v. Diane FRATELLO and James Otte, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 28, 2003.


Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

Gerard F. Keating, Daytona Beach, for Appellee James Otte.

No Appearance for Appellee Diane Fratello.


PALMER, J.

The State appeals the order entered by the trial court granting appellee James Otte's motion to suppress intercepts obtained by the police pursuant to a wiretap of his home phone.1 Concluding that the trial court properly determined that the wiretap intercepts were unauthorized under federal or state law, we affirm.

Otte was charged with racketeering, conspiracy to commit racketeering, and deriving support from prostitution...

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