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	<title>bLAWgger.com -  view of the legal world by criminal trial lawyer, author, commentator, and lecturer JOE BODIFORD. &#187; stephanie ragusa tape recording wire intercept</title>
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		<title>Sex, lies, and AUDIOtape . . . but is it LEEEEEEGAL?</title>
		<link>http://www.blawgger.com/sex-lies-and-audiotape-but-is-it-leeeeeegal/</link>
		<comments>http://www.blawgger.com/sex-lies-and-audiotape-but-is-it-leeeeeegal/#comments</comments>
		<pubDate>Thu, 15 May 2008 23:24:01 +0000</pubDate>
		<dc:creator>Joe Bodiford</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[stephanie ragusa tape recording wire intercept]]></category>

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		<description><![CDATA[Riddle me this, bLAWgonians:  how does a seemingly private tape recording make its way into the public eye?  Seems that our poor, misunderstood, saucy biology teacher (***bLAWgger note:  what&#8217;s the irony of her being a biology teacher???), Stephanie Ragusa, has had her conversation with her accuser (***bLAWgger note:  I HATE the [...]]]></description>
			<content:encoded><![CDATA[<p>Riddle me this, bLAWgonians:  how does a seemingly private tape recording make its way into the public eye?  Seems that our poor, misunderstood, saucy biology teacher (<strong>***bLAWgger note:  </strong>what&#8217;s the irony of her being a biology teacher???), Stephanie Ragusa, has had her conversation with her accuser (<strong>***bLAWgger note</strong>:  I HATE the term victim &#8211; accuser is so much better unless and until there is a conviction) blasted across the &#8216;net.  A defense nightmare.  NIGHTMARE, I say!</p>
<p>It seems as if the gendarme (<strong>***bLAWgger note:  </strong>that&#8217;s Frenchy-talk for the po-po) were one step ahead of Steph.  Apparently they had the accuser in their pocket, and got him to agree to make the call and . . . <em>this is soooooo sneaky</em> . . .  record it!  Bad for the defense, but, as much as I hate to admit it, good police work.  I guess they were counting on her continuing her rather, er, uh . . .  odd . . . behavior, and her making contact with him.  What&#8217;s a 14-year-old to do, say no to the cops?  I guess he was bright enough to know that being arrested for obstruction of an investigation is not worth any booty-call.  Anyway, waiting for her to incriminate herself on tape was not like shooting fish in a barrel . . . it was like giving the gun to the fish and letting them shoot themselves.</p>
<p>You see, under Florida law, a otherwise private conversation can be recorded if it is a the direction of law enforcement.  Florida Statute section 934.03(2)(c) permits &#8220;an investigative or law enforcement officer or a person acting under the direction of an investigative or law enforcement officer to intercept a wire, oral, or electronic communication when such person is a party to the communication or one of the parties to the communication has given prior consent to such interception and the purpose of such interception is to obtain evidence of a criminal act.&#8221;  &#8220;Booya!&#8221;, sayeth the coppers!</p>
<p>If the accuser had recorded it on his own, and given it to or played it for someone, he would have committed a third-degree felony!  (If you dont believe me, read F.S. 934.03).</p>
<p>So, heed your friendly neighborhood bLAWgger&#8217;s advice:  stay off the phone!  And, Stephanie, for poor Bobby Herce&#8217;s sake, stay off the jail phones.  THEY&#8217;RE RECORDED, TOO!!!!!!!</p>
<p>JB</p>
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