VERNON CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Vernon Carter appealed his conviction for kidnapping, carjacking, attempted robbery, and battery, challenging the trial court's denial of his motion to suppress evidence obtained from a traffic stop he claimed lacked reasonable suspicion. The Fourth District Court of Appeal affirmed, holding that even if the stop was unlawful, the evidence was admissible under the inevitable discovery doctrine because the van's stolen status would have been discovered through a routine license plate check independent of any police misconduct.
The court affirmed the denial of the motion to suppress based on the inevitable discovery exception. Even assuming the stop lacked reasonable suspicion, the evidence was admissible because the van's stolen status would inevitably have been discovered through a routine license plate check, a process separate from and independent of any unlawful police conduct.
[1] Evidence obtained through an unlawful stop may be admissible under the inevitable discovery exception if the evidence would have been discovered through lawful means inde…
[2] The inevitable discovery doctrine does not require absolute certainty of ultimate discovery, but rather a reasonable probability that the evidence would have been discove…
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Join FLexlaw to unlock all legal intelligence“Pursuant to the inevitable discovery doctrine, a court may admit illegally obtained evidence if an independent source or activity would have inevitably disclosed the evidence.”
Statement of the legal standard governing the inevitable discovery exception to the exclusionary rule.
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Join FLexlaw to unlock all legal intelligenceOn March 14, 2002, a police officer responded to a call from a resident reporting a suspicious van parked outside her apartment building with the engi…
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STONE, J.
Vernon Carter appeals a conviction of kidnaping, car jacking, attempted strong arm robbery, and battery upon a person sixty-five years of age or older. Specifically, he asserts that the trial court erred in denying his motion to suppress evidence discovered as a result of a “stop” which, he argues, was not based on reasonable suspicion. The “stop” consisted of the investigating officer’s patrol car blocking egress by Carter’s van. Here, we need not resolve whether the officer had a sufficiently founded suspicion to stop the van by blocking it because, regardless, we affirm the denial of the motion to suppress on the alternative ground of the inevitable discovery exception to the exclusionary rule.
Around 11:00 p.m. on March 14, 2002, a police officer was dispatched to investigate a call from an area resident expressing concern over a suspicious van parked across the street from her apartment building in front of a closed doctor’s office. The resident reported that the van had been parked for a considerable period of time with the engine running, the headlights off, and with two occupants, one of whom was partially undressed and watching a television or computer screen.
The officer testified to having patrolled the same area for the past two years and that the only cars that ever parked at that location after hours were four or five white Ford Tauruses used by employees during the day. Upon arriving at the scene, the officer observed the van, pulled his patrol car behind the suspicious vehicle in a way that blocked it, and approached the van with a flashlight.
The officer greeted Carter, who was seated inside the van, and after observing that the van had a Wisconsin license plate, inquired as to whether Carter “liked cheese.” Carter responded suspiciously, explaining that he had a Florida identification card. The officer requested Carter produce the identification card and ran the card, whereupon he found there was a warrant for Carter’s arrest. Upon check ing the van’s license plate, the officer further learned that the van had been recently stolen in a car jacking.
Pursuant to the inevitable discovery doctrine, a court may admit illegally obtained evidence if an independent source or activity would have inevitably disclosed the evidence. Moody v. State, 842 So. 2d 754, 759 (Fla.2003).
We recognize that the supreme court, in Moody, ruled adversely to the state. Id. at 755. There, however, the stop was based on a “hunch” and led to a search of the car where a weapon, tying the appellant to another crime, was discovered. Id. at 758. In this case, the discovery of the crime was based on the license plate check, a process and means that is separate from, and not dependent upon, any unlawful police conduct. Here, any unlawful police conduct was patently unrelated to the ability of the police to discover the same information concerning the van as if no police overreaching had occurred. See, e.g., Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984).
In Nix, the police discovered the location of a body based on the defendant’s statements. Id. at 435. There, the Supreme Court accepted the trial court’s finding that if a search for the body had not been suspended by disclosures of unlawfully obtained information leading to discovery of the body, “the search would clearly have been taken up again ... and the body would [have] been found in short order.” Id. at 438. Further, in State v. LeCroy, 435 So. 2d 354, 357 (Fla. 4th DCA 1983), we noted that the exclusionary rule is not applicable even when the unlawful act may have contributed to the discovery where the information would have been otherwise acquired lawfully.
This court has also recognized that there does not have to be an absolute certainty of ultimate discovery; rather, only a reasonable probability need exist. State v. Ruiz, 502 So. 2d 87 (Fla. 4th DCA 1987). Common sense dictates that such reasonable probability existed here, and the state should not be shackled in its proof because the officer chose to initiate the investigation before checking the license tag.
There is no need to address the now moot issue of standing. As to all other issues raised, we find no reversible error, or abuse of discretion, and affirm.
GROSS and HAZOURI, JJ., concur.
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State v. Ojeda, 147 So. 3d 53 (Fla. 3d DCA 2014)…ependently of the improper police conduct by ‘means of normal investigative measures that inevitably would have been set in motion as a matter of routine police procedure’ ” (quoting Craig v. State, 510 So. 2d 857, 863 (Fla.1987))); Carter v. State, 868 So. 2d 1276, 1278 (Fla. 4th DCA 2004) (declining to address whether the stop was lawful where there existed a reasonable probability that the evidence would have inevitably been discovered through lawful means); Conner v. State, 701 So. 2d 441, 443 (Fla. 4th DC…
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Baker v. State, 164 So. 3d 151 (Fla. 1st DCA 2015)…sion in Harris, the State asserted that even if the court found that the trailer hitch was the sole object obscuring the tag and the stop was illegal, the State should still prevail based on the inevitable discovery doctrine, citing Carter v. State, 868 So. 2d 1276 (Fla. 4th DCA 2004), for support. In response, Appellant’s counsel argued that Harris specifically held that a trailer hitch, in and of itself, is an insufficient basis to obscure a tag. Appellant then argued against the State’s inevitable discovery…
Authorities Cited
- Nix v. Williams, 467 U.S. 431 (U.S. 1984)
- Moody v. State, 842 So. 2d 754 (Fla. 2003)
- State v. Ruiz, 502 So. 2d 87 (Fla. 4th DCA 1987)
- Simmons v. State, 435 So. 2d 354 (Fla. 4th DCA 1983)