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STATE v. OTTE

No. SC03-330.

887 So.2d 1186 (2004)

STATE of Florida, Appellant, v. James OTTE, Appellee.

Supreme Court of Florida.

October 7, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Belle B. Schumann and Killie A. Nielan, Assistant Attorney General, Daytona Beach, FL, for Appellant.

Gerard F. Keating, Daytona Beach, FL, for Appellee.

CANTERO, J.

In this case, we decide whether a Florida statute that authorizes wiretaps for the investigation of certain crimes conforms to a federal statute that also authorizes wiretaps, but only in certain circumstances. The federal statute preempts any state laws concerning wiretaps, although states may enact more restrictive provisions.

The State appeals State v. Fratello, 835 So.2d 312...

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