Florida appeal court makes important ruling in Citrus County wiretapping case
Waite's mugshot by CCSO in 2021.
The appeal was made by 63 year-old Leroy Waite of Floral City, Florida in regard to his previous conviction of five counts of unlawful interception of oral communication (also known as wiretapping) and one count each of battery of a law enforcement officer and resisting arrest with violence. The charges against Waite were the result of a long standing dispute with the Citrus County Sheriff's Office (CCSO) in Florida.
The appeal court overturned the five felony wiretapping convictions against Waite, but not the convictions for battery on a law enforcement officer and resisting arrest with violence.
The ruling stated, "It has previously been established that there is a First Amendment right to record police officers conducting their official duties in public," citing a 2018 Florida case, Pickett v. Copeland, that stated the First Amendment protects the act of photographing, filming, or recording police officers conducting their official duties in public. The court also noted that the law enforcement officers were recorded while on their jobs, using their employer-issued phones.
On the battery on a law enforcement officer and resisting an officer with violence charges, the court explaned, that under section 776.051(1), citizens do not have the right to resist an illegal arrest with force, and in this case, the deputies were executing an arrest warrant. "Waite did not demonstrate a lack of good faith and should have complied without resorting to violence," the ruling stated.
The appeal court also stated, "We in no way suggest the CCSO committed police misconduct. Rather, this was how Waite perceived the situation."
According to the ruling, since 2018, Waite had quarreled with city employees and CCSO deputies over property boundaries, and during this dispute, Waite had reported to various state agencies and the media what he believed to be crimes. As his relationship with the CCSO continued to devolve, Waite began recording conversations he had with CCSO deputies, eventually recording five of these phone calls.
In January 2021, Waite called 911 to report what he perceived to be a trespassing incident that involved members of the CCSO. The incident involved wildlife officers spraying herbicides in a canal along Waite's property off the Withlacoochee River, accompanied by deputies who reportedly pointed rifles at Waite while he reportedly pointed a rifle at wildlife officers.
During the 911 call, Waite told the 911 operator that he wanted to file a complaint with the CCSO's internal affairs department into the incident he perceived to be a trespassing incident, also stating that he had an email ready to send. The 911 operator told Waite that she would have a supervisor give him a call back, as she could not provide him with the information he was requesting. Waite informed the 911 operator that he wanted the phone call to be recorded.
Later that same day, Sergeant Edward Blair returned Waite's call. Waite recorded the three-minute phone conversation, but did not inform Sergeant Blair that he was doing so. Waite sent the audio recording of that call via email to the CCSO records department, requesting that the CCSO conduct an internal investigation into the alleged trespassing incident.
In February 2021, based on the recorded conversation attached to Waite’s email, Detective Jacob Chenoweth obtained an arrest warrant, alleging that Waite had violated section 934.03(1)(a) of the Florida Statutes by recording the conversation with Sergeant Blair without his consent.
When deputies arrested Waite at his home on Feruary 19, 2021, an altercation ensued, during which Waite allegedly elbowed Captain Ryan Glaze in his face while resisting arrest. After Waite's arrest, deputies found an audio recording device in his home that contained recorded conversations with CCSO deputies.
In addition to the recorded call with Sergeant Blair, deputies learned that Waite had similarly recorded four other conversations with CCSO deputies. As a result, Waite was arrested on additional charges on March 8, 2021.
In total, Waite was charged with five counts of wiretapping, and one count each of battery on a law enforcement officer, and resisting arrest with violence. Waite filed several motions to dismiss these charges, but after a hearing, the original trial court agreed with the State and denied Waite’s motion to dismiss the charges; he was convicted of all charges.
Waite's appeal followed, and the wiretapping convictions were overturned.