BILLY JACK HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Billy Jack Hall was convicted of first-degree murder and robbery with a deadly weapon. He appealed the trial court's admission of a ring obtained during an illegal interrogation and the robbery conviction. The court affirmed the admission of the ring under the inevitable discovery doctrine but reversed the robbery with a deadly weapon conviction, directing entry of a judgment for robbery with a weapon instead.
The ring was admissible under the inevitable discovery doctrine because the police inevitably would have discovered it during routine booking procedures. The conviction for robbery with a deadly weapon was reversed because the State failed to establish use of a deadly weapon, but the State did establish robbery with a weapon because Hall used a knife to bind the victim.
[1] Illegally obtained evidence is admissible if the state demonstrates that the evidence would have inevitably been discovered through lawful means.
[2] Routine jail booking procedures can establish the inevitable discovery of evidence that was initially obtained through an illegal interrogation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Illegally obtained evidence may be admissible if the State shows that the evidence 'ultimately or inevitably would have been discovered by lawful means.'”
Establishes the inevitable discovery doctrine that permitted admission of the ring despite the Fourth Amendment violation.
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Join FLexlaw to unlock all legal intelligenceHall was arrested and interrogated by police before being booked into jail, during which time police obtained a ring in violation of Hall's Fourth Ame…
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PER CURIAM.
Billy Jack Hall was indicted and convicted of first-degree murder and robbery with a deadly weapon. Hall does not challenge the murder conviction, but appeals the trial court’s rulings permitting the State to introduce a ring into evidence at trial and denying his motion for judgment of acquittal on the robbery charge. We affirm the trial court’s denial of Hall’s motion to suppress the ring; however, we reverse the conviction for robbery with a deadly weapon and direct the trial court to impose a judgment and sentence for robbery with a weapon.
First, Hall argues that the trial court erred in denying his motion to suppress a ring the police obtained during an illegal interrogation, which the police conducted after Hall was arrested, but before he was booked into the jail. The State concedes that the police obtained the ring in violation of Hall’s Fourth Amendment rights, but argues that the ring is nonetheless admissible under the “inevitable discovery” doctrine. We agree.
Illegally obtained evidence may be admissible if the State shows that the evidence “ultimately or inevitably would have been discovered by lawful means.” Craig v. State, 510 So. 2d 857, 862 (Fla.1987) (quoting Nix v. Williams, 467 U.S. 431, 444,104 S.Ct. 2501, 81 L.Ed.2d 377 (1984)). See also Ruffin v. State, 651 So. 2d 206, 207 (Fla. 2d DCA 1995). In this case, the jail’s booking agent testified that he would have removed Hall’s ring during routine booking procedures. Accordingly, the police
inevitably would have discovered the ring upon review of Hall’s personal effects.
As to Hall’s second issue, we agree that the State failed to establish that Hall used a deadly weapon during the course of the robbery. However, the State did establish that Hall committed the robbery with a weapon by showing that Hall used a knife to bind the victim during the robbery. See § 812.13(2)(b), Fla. Stat. (1997). See also Miller v. State, 421 So. 2d 746, 747 (Fla. 4th DCA 1982) (evidence supported conviction of robbery with a weapon where the defendant attempted to take the victim’s stereo from her car using a knife, but did not threaten the -victim with the knife). Pursuant to section 924.34, Florida Statutes (1997), we reverse the judgment of robbery with a deadly weapon and direct the trial court to enter a judgment of robbery with a weapon and resentence Hall on that conviction.
Affirmed in part; reversed in part with directions to impose a judgment and sentence for robbery with a weapon.
PARKER, C.J., and PATTERSON and NORTHCUTT, JJ., Concur.
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Isaiah Simmons v. State, 780 So. 2d 263 (Fla. 4th DCA 2001)…y to cause death or great bodily harm. In addition, the manner in which the knife was used in the present case did not make it likely to cause death or great bodily harm. See, e.g., Miller v. State, 421 So. 2d 746 (Fla. 4th DCA 1982); Hall v. State, 733 So. 2d 565 (Fla. 2d DCA 1999). The kitchen knife was not seen until the Defendant’s pockets were emptied by a security officer. He did not use the knife, show anyone the knife, or threaten anyone with the knife. Therefore, although whether a knife constitutes…
Authorities Cited
- Nix v. Williams, 467 U.S. 431 (U.S. 1984)
- Craig v. State, 510 So. 2d 857 (Fla. 1987)
- Miller v. State, 421 So. 2d 746 (Fla. 4th DCA 1982)
- Howarth v. State, 651 So. 2d 206 (Fla. 5th DCA 1995)