GUILTY FL - Abraham Shakespeare, 42, lottery winner, Polk County, 7 April 2009 #8

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ACandyRose said:
Maybe they're trying to get Greg Smith on entrapment, suggesting that he had reason to become an informant to get back at her.
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Probably but I think she has sunk herself.....I hope he keeps his cool. This attorney is trying to have a Perry MAson moment...IMO

Sorry, for all the younguns out there....Perry Mason is OLD!!
 
Greg is sharper than this defense atty. seems to have thought. I like his answers.
 
In my opinion, Greg Smith is as good on the stand as he is as an informant.
My only question, and the defense may get there but I'd like to hear if anyone has any knowledge of the law in this aspect, since Dorice is a POI in a murder case, since they would have to read her Miranda rights to her if they brought her in, if Greg Smith is acting as a police informant and wearing a wire, aren't they trying to illicit a confession from her about Abraham's death and the location of his body and skirting her Miranda rights? I don't understand how that works. If he was a citizen and not connected to the police and he gave information of his own to the police, I believe there is no issue. I know there are laws against recording people and telephone calls in Florida, but again, I don't know what they are. But in this case, a person acting on behalf of the police is recording a POI in a criminal trial. She is not getting any Miranda rights. She is not being told she is being recorded. Also, would they need a warrant for this informant to wear a wire?
 
Susan1 said:
In my opinion, Greg Smith is as good on the stand as he is as an informant.
My only question, and the defense may get there but I'd like to hear if anyone has any knowledge of the law in this aspect, since Dorice is a POI in a murder case, since they would have to read her Miranda rights to her if they brought her in, if Greg Smith is acting as a police informant and wearing a wire, aren't they trying to illicit a confession from her about Abraham's death and the location of his body and skirting her Miranda rights? I don't understand how that works. If he was a citizen and not connected to the police and he gave information of his own to the police, I believe there is no issue. I know there are laws against recording people and telephone calls in Florida, but again, I don't know what they are. But in this case, a person acting on behalf of the police is recording a POI in a criminal trial. She is not getting any Miranda rights. She is not being told she is being recorded. Also, would they need a warrant for this informant to wear a wire?
Click to expand...

I can only answser to the bolded as I just went through this with a friend in Florida..as long as one person knows the conversation is recorded it is legal...
 
Camdenres said:
Probably but I think she has sunk herself.....I hope he keeps his cool. This attorney is trying to have a Perry MAson moment...IMO

Sorry, for all the younguns out there....Perry Mason is OLD!!
Click to expand...

LOL, I remember Perry Mason !!

Even read Perry Mason stories when I as in Junior High School!!

That makes me older than dirt !! :)
 
Susan1 said:
In my opinion, Greg Smith is as good on the stand as he is as an informant.
My only question, and the defense may get there but I'd like to hear if anyone has any knowledge of the law in this aspect, since Dorice is a POI in a murder case, since they would have to read her Miranda rights to her if they brought her in, if Greg Smith is acting as a police informant and wearing a wire, aren't they trying to illicit a confession from her about Abraham's death and the location of his body and skirting her Miranda rights? I don't understand how that works. If he was a citizen and not connected to the police and he gave information of his own to the police, I believe there is no issue. I know there are laws against recording people and telephone calls in Florida, but again, I don't know what they are. But in this case, a person acting on behalf of the police is recording a POI in a criminal trial. She is not getting any Miranda rights. She is not being told she is being recorded. Also, would they need a warrant for this informant to wear a wire?
Click to expand...

Found this about a 3rd of the way down the pg

§1 Upon application of the attorney general or a district attorney, showing by affidavit that there is probable cause to believe that evidence will be obtained of the commission of any one of the below crimes, a state court judge may issue an order approving the interception of any wire, oral, or electronic communication. The order may be issued ex-parte - without notice to the party subject to the search, however an ex parte order for wiretapping or eavesdropping may be issued only for a below crime for which a felony penalty is authorized upon conviction.

murder in the first or second degree

http://www.gustafsonlaw.com/Crim-Surveillance.htm
 
Camdenres said:
Susan1 said:
In my opinion, Greg Smith is as good on the stand as he is as an informant.
My only question, and the defense may get there but I'd like to hear if anyone has any knowledge of the law in this aspect, since Dorice is a POI in a murder case, since they would have to read her Miranda rights to her if they brought her in, if Greg Smith is acting as a police informant and wearing a wire, aren't they trying to illicit a confession from her about Abraham's death and the location of his body and skirting her Miranda rights? I don't understand how that works. If he was a citizen and not connected to the police and he gave information of his own to the police, I believe there is no issue. I know there are laws against recording people and telephone calls in Florida, but again, I don't know what they are. But in this case, a person acting on behalf of the police is recording a POI in a criminal trial. She is not getting any Miranda rights. She is not being told she is being recorded. Also, would they need a warrant for this informant to wear a wire?[/QUOTE]

I can only answser to the bolded as I just went through this with a friend in Florida..as long as one person knows the conversation is recorded it is legal...
Click to expand...

Actually, that is not true in every state.
Click to expand...
 
Whoever asked for the water hose doesn't matter to me, we saw it in the photo. He is an informant not the killer.
 
Coldpizza said:
Found this about a 3rd of the way down the pg

§1 Upon application of the attorney general or a district attorney, showing by affidavit that there is probable cause to believe that evidence will be obtained of the commission of any one of the below crimes, a state court judge may issue an order approving the interception of any wire, oral, or electronic communication. The order may be issued ex-parte - without notice to the party subject to the search, however an ex parte order for wiretapping or eavesdropping may be issued only for a below crime for which a felony penalty is authorized upon conviction.

murder in the first or second degree

http://www.gustafsonlaw.com/Crim-Surveillance.htm
Click to expand...

Thanks. LE does actually have to go before a judge to get permission to record or wear a wire and surrepticiously (sp?) record another person without his/her knowledge.

MOO
 
Susan1 said:
In my opinion, Greg Smith is as good on the stand as he is as an informant.
My only question, and the defense may get there but I'd like to hear if anyone has any knowledge of the law in this aspect, since Dorice is a POI in a murder case, since they would have to read her Miranda rights to her if they brought her in, if Greg Smith is acting as a police informant and wearing a wire, aren't they trying to illicit a confession from her about Abraham's death and the location of his body and skirting her Miranda rights? I don't understand how that works. If he was a citizen and not connected to the police and he gave information of his own to the police, I believe there is no issue. I know there are laws against recording people and telephone calls in Florida, but again, I don't know what they are. But in this case, a person acting on behalf of the police is recording a POI in a criminal trial. She is not getting any Miranda rights. She is not being told she is being recorded. Also, would they need a warrant for this informant to wear a wire?
Click to expand...

Miranda only becomes involved when the suspect is placed under arrest for a crime. At that point, she is under no obligation to speak to LE unless she signs a waiver of her rights.

ETA: 580 viewers!
 
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