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GENNUSA v. CANOVA

No. 12-13871.

748 F.3d 1103 (2014)

Anne Marie GENNUSA, Joel Studivant, Plaintiffs-Appellees Cross Appellants, v. Brian CANOVA, individually, Thomas Marmo, individually, Defendants-Appellants Cross Appellees.

United States Court of Appeals, Eleventh Circuit.

April 8, 2014.

Attorney(s) appearing for the Case

Bryan E. Demaggio , Matthew R. Kachergus , William J. Sheppard , Elizabeth Louise White , Sheppard White & Kachergus, PA, Jacksonville, FL, for Plaintiffs-Appellees.

John W. Jolly, Jr. , Jolly & Peterson, PA, Tallahassee, FL, for Defendants-Appellants.

Before JORDAN, COX, and DUBINA, Circuit Judges.

JORDAN, Circuit Judge:

While investigating an alleged misdemeanor violation of a domestic violence injunction, Detective Thomas Marmo and Sergeant Brian Canova monitored, intercepted, and listened to privileged conversations between their suspect, Joel Studivant, and his attorney, Anne Marie Gennusa, who were in an interview room at the St. Johns County Sheriff's Office. They did so without any notice to Mr. Studivant and Ms. Gennusa, and without a warrant. Det. Marmo...

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