State v. Ruiz, 4-86-1254
| Decision Date | 11 February 1987 |
| Docket Number | No. 4-86-1254,4-86-1254 |
| Citation | 12 Fla. L. Weekly 514,502 So.2d 87 |
| Parties | 12 Fla. L. Weekly 514 STATE of Florida, Appellant, v. Antonio RUIZ, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.
In our opinion the trial court erroneously granted the defendant's motion to suppress. The evidence (cocaine) should have been received under the inevitable discovery doctrine. State v. LeCroy, 435 So.2d 354 (Fla. 4th DCA 1983), cert. denied, 473 U.S. 907, 105 S.Ct. 3532, 87 L.Ed.2d 656 (1985). "If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered ... then the evidence should be received." Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 2509, 81 L.Ed.2d 377, 387 (1984). In order to apply this doctrine, there does not have to be an absolute certainty of discovery, but rather, just a reasonable probability. United States v. Brookins, 614 F.2d 1037 (5th Cir.1980).
Here it appears that the trial court, in rejecting the inevitable discovery doctrine, improperly required the absolute certainty test rather than the reasonable probability finding.
REVERSED and REMANDED.
To continue reading
Request your trial
-
Willis v. Jones
...doctrine, there does not have to be an absolute certainty of discovery, rather, "just a reasonable probability." State v. Ruiz, 502 So. 2d 87, 87 (Fla. 4th DCA 1987) (citing United States v. Brookins, 614 F.2d 1037 (5th Cir. 1980)); see also Jeffries v. State, 797 So. 2d 573, 578 (Fla. 2001......
-
State v. Ojeda
...that the contents of the safe would have inevitably been discovered in the course of a legitimate investigation"); State v. Ruiz, 502 So. 2d 87, 87 (Fla. 4th DCA 1987) (reversing the trial court's order suppressing the evidence, concluding that the evidence should have been admitted under t......
-
State v. Jardines
...not be suppressed, provided that it would have been legitimately uncovered pursuant to normal police practices."); State v. Ruiz, 502 So.2d 87, 87 (Fla. 4th DCA 1987) (finding that "to apply this doctrine, there does not have to be an absolute certainty of discovery, but rather, just a reas......
-
State v. Ojeda
...that the contents of the safe would have inevitably been discovered in the course of a legitimate investigation”); State v. Ruiz, 502 So.2d 87, 87 (Fla. 4th DCA 1987) (reversing the trial court's order suppressing the evidence and concluding that the evidence should have been admitted under......