First, what is a controlled call? A controlled call is a phone call or text message that law
enforcement uses to get incriminating evidence to use against you. In the age of social media,
and with the endless laundry list of social media apps, the mediums police can use to get
evidence from you are endless. The evidence obtained in these conversations is usually very
damaging and can be used against you at trial. This evidence can be very persuasive to a jury.
In Florida, these intercepted phone calls are particularly prevalent in two categories of offenses:
sex crimes and drug-related cases. Law enforcement officers are legally allowed to orchestrate
a call, a text, or a direct message, where an informant or undercover agent engages a suspect in
communications regarding potential criminal offenses. This technique allows authorities to
collect evidence that can be pivotal in securing convictions.
Florida operates under a two-party consent law, which means that all parties involved in a
conversation must consent to the recording of that conversation. But there is an important
exception in the case of controlled calls. When law enforcement is one of the parties involved,
they can legally record the call without the consent of both parties. This means that even an
informant, who is not technically employed by law enforcement, is still considered law
enforcement under this exception. This recorded evidence is admissible in court and can lead to
significant legal repercussions for you if you were recorded on one of these controlled calls.
What if you find yourself on the receiving end of a call where someone is discussing criminal
activities? Whether related to you directly or involving activities you participated in with
others—it is crucial to take immediate action. Here are some steps to follow:
1. Hang Up Immediately: End the call immediately. Anything you say, no matter how
innocent, could be used against you, so say nothing. However, if you feel that you must
say something, tell the caller that you will not discuss this with them, and immediately
hang up.
2. Do Not Answer Future Calls: Refrain from answering any further calls from the
individual. Continuing the conversation could complicate your ability to defend yourself.
3. Contact a Lawyer: As soon as you recognize the potential for an investigation, contact a
qualified attorney. The sooner you have legal representation, the better equipped you will
be to navigate the situation.
It is critical to retain experienced counsel and not contact or speak to law enforcement without
first retaining an attorney. Just like with controlled calls, any comments you make to law
enforcement are admissible against you at trial. Retaining an attorney prevents you from creating
evidence against yourself while also providing proactive representation should charges be
forthcoming. Our firm has extensive experience in litigation and prelitigation representation of
people who have been the subject of a law enforcement controlled call. Contact us today.