Maurice D. Joseph v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
The Appellant alleged that defense counsel was ineffective for failing to investigate illegal acts by Detective Burkett, which violated the Appellant's 4th, 5th, 6th, and 14th Amendment of the United States Constitution, and Article I, Section 9, 12, 23 of the Florida Constitutional rights.
1. Is it unlawful for a detective to interrogate a suspect while at his house and secretly record the suspect without consent from the suspect, authorization from the courts, nor a warrant?
2. If a suspect is being interrogated while at his house and is secretly being recorded, does the 5th Amendment self-incrimination also apply to the 4th Amendment right to privacy?
Whether a detective's interrogation of a suspect at the suspect's home and secret recording of the suspect without consent, court authorization, or a warrant violates the 4th, 5th, and 14th Amendment rights