Are Your Jail Calls Public Records for the Media to Hear?

By: John Guidry

It seems as though the media has crept into every aspect of our lives. At any given time, you can access live traffic cameras on the streets of Orlando or see satellite images of your rooftop on Google.

Recently, there was a push to take this transparency a step further: making the recorded phone conversations of jail inmates public records that anyone—neighbors, reporters, or nosy strangers—could access at any time.

For a criminal defense attorney, this is a nightmare scenario. How can we get a fair trial if every word a client says to their family is broadcast on the evening news?

Fortunately, the courts have drawn a line in the sand.

Worried about your privacy while awaiting trial?

The rules are complex. Call John today at (407) 423-1117 to protect your rights.

The Legal Breakdown: Bent v. State

This issue came to a head in the case of Bent v. State, 46 So. 3d 1047 (Fla. 4th DCA 2010).

• The Situation: Matthew Bent was an inmate in the Broward County jail awaiting trial on an attempted second-degree murder charge.
• The Request: A local newspaper filed a Public Records Request to obtain recordings of Bent’s phone conversations with family and friends. (Note: Attorney calls are privileged and were not part of this request).
• The Defense: Bent’s attorney fought back, arguing that these personal calls should not be subject to public scrutiny.

The “Public Record” Test

Article I, Section 24 of the Florida Constitution gives everyone the right to inspect records made “in connection with the official business” of a public body. However, the court had to decide: Is a personal phone call “official business”?

The purpose of the Public Records Act is to allow citizens to discover the actions of their government. The court ruled that:

1. No Public Oversight Value: Listening to an inmate talk to his mom doesn’t help the public oversee the Sheriff’s Office or the government.
2. Privacy Interests: The jail houses both the guilty and the innocent awaiting trial. While inmates have limited privacy, allowing the general public to listen in goes too far.

The Ruling: The court denied the newspaper access. Personal inmate calls are not public records.

John’s Takeaways

While this ruling is a victory for privacy against the media, do not let it lull you into a false sense of security.

• The Prosecutor is Still Listening: The court ruled the public can’t hear your calls, but the State Attorney definitely can. Prosecutors listen to jail calls routinely to gather evidence, find witnesses to tamper with, or hear confessions.
• “No Expectation of Privacy”: You have no expectation of privacy from the police. Every call starts with a warning: “This call is subject to monitoring and recording.” Believe it.
• The Media Can Still Get Info: While they can’t get the raw audio file through a public records request before trial, if the prosecutor uses that call as evidence in court, it becomes a public record then.

Keep Your Business Off the Phone

The bottom line: The newspaper might not be able to request your calls today, but the police are recording every syllable.

If you have a loved one in the Orange, Seminole, or Osceola County Jail, remind them constantly: Do not discuss the case on the phone.

Call me at (407) 423-1117. Let’s discuss your defense in private.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.