For about 40 years, Florida has generally prohibited people from secretly recording others – including criminals -- without their knowledge. There are some exceptions.
But being a little girl who's raped by your mom’s boyfriend?
Nah. You can't make a secret audio recording of his illegal sexual activities. It’s not admissible in court.
No one’s happier about that than Fort Myers’ own pedophile ice cream-truck operator Richard Russell McDade, 68.
The convict won the right to a new trial after the Florida Supreme Court Thursday reversed a Second District Court of Appeal ruling that said the recording could be used. The victim, who testified that McDade had sex with her from the ages of 10 to 16, said he threatened to have her and her mother deported to Mexico because they were illegal immigrants.
There's a pretty good chance McDade could escape a future conviction (and perhaps sell more ice cream to more kids on the streets) because, as the Second DCA said in its now-reversed opinion: