STEPHEN B. RUSSELL

STATE ATTORNEY
TWliN'l?ll'i'l'l CIRCUIT
COURT 
350 MARION AVENUE, Pux'm (iomn, FLORIDA 33951)
VOICE: (941) 637-2104 FAX: (941) 505?4748

 

FELONY WARRANT REQUEST DISPOSITION NOTICE

 

SAO WARRANT NO. 2365319

INTAKE ATTORNEY: Richard T. Simpson
AGENCY: Punta Gorda Police Department
AFFIANT: Justin D. Kleiver

SUSPECT: Ian Douglas McGuire

SAO RECEIVE DATE: 4/26/2017 10:43:36 AM

REQUESTED CHARGES

Number of Counts: 1 - Eavesdropping Illegal Interception Of Communication, RS. 934.03 (1 
Third Degree Felony

SAO DISPOSITION

1. Warrant Denied: 934.03 (1 a)
Eavesdropping Illegal Interception Of Communication
Third Degree Felony
Prosecution Declined

If further evidence is developed as to any DENIED counts please resubmit with reference to
above SAO Warrant No.

[sZ Richard T. 5% April 27, 2017
Richard T. Simpson DATE
ADDITIONAL COMMENTS:

It is a violation of Florida Statute 934.03 to intentionally intercept, endeavor to intercept, or
procure another person to intercept or endeavor to intercept any wire, oral or electronic
communication. A person does these acts when they use a device that is af?xed to or otherwise
transmits a signal through a wire, cable or other like connection used in wire communication; or such
devise transmits communication by radio or interferes with the transmission of such communication.
The Office of the State Attorney was asked to consider whether videotaping by Ian McGuire in a city
of Punta Gorda building is a violation of RS. 934.03. It is not. A citizen?s right to ?lm government
of?cials, in the discharge of their duties in a public place is a basic, vital, and well-established liberty
safeguarded by the Pint Amendment. Moreover, openly recording falls plainly outside the type of
clandestine recording targeted by F5. 934.03. The restrictions intended by RS. 934.03 apply to the
secret use of devices, which intercept and then transmit a communication, or interfere with a
communication. That is not what Mr. McGuire did.