Brannock Berman & Seider Reverses Criminal Convictions

Agreeing with arguments raised by Brannock Berman & Seider, the Fifth District Court of Appeal overturned several convictions stemming from a citizen’s recorded conversations with Citrus County sheriff’s deputies.

The citizen had recorded the officers without first obtaining their consent. But, he argued, the officers did not enjoy a reasonable expectation of privacy in their on-duty communications. The trial court disagreed, denying a motion to dismiss the charges and later accepting a no-contest plea to them. On appeal, though, the Fifth District reversed. Following written briefing and oral argument in Daytona Beach, the appellate court emphasized that citizens enjoy a protected First Amendment right to record police officers conducting their official duties in public. 

The State twice moved for rehearing, requiring additional briefing from Brannock Berman & Seider to preserve the client’s victory. The first motion resulted in a slightly rewritten opinion, while the second motion was denied in its entirety.