State of Florida v. Dixie Leigh Bounds
This text of State of Florida v. Dixie Leigh Bounds (State of Florida v. Dixie Leigh Bounds) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2025-0460 Lower Tribunal No. 2023-CF-007838 _____________________________
STATE OF FLORIDA,
Appellant,
v.
DIXIE LEIGH BOUNDS,
Appellee.
_____________________________
Appeal from the Circuit Court for Orange County. John E. Jordan, Judge.
May 29, 2026
PER CURIAM.
AFFIRMED. See Wall v. State, 333 So. 3d 348, 352 (Fla. 5th DCA 2023)
(“Because the trial court could not determine that the evidence seized from Wall’s
purse would inevitably have been discovered, we find that the court erred in denying
the motion to suppress.”); cf. White v. State, 170 So. 3d 77 (Fla. 2d DCA 2015)
(holding that inevitable discovery doctrine applied where defendant indicated he
wanted to take his backpack with him to the jail).
WOZNIAK and BROWNLEE, JJ., concur. PRATT, J., concurs specially. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
PRATT, J., concurring.
I fully concur in the majority’s decision. On this set of facts, the State did not
meet its burden to show that the inevitable discovery doctrine applied pursuant to
the inventory search rationale and the trial court therefore appropriately suppressed
the contents of Appellee’s satchel. See generally Wall v. State, 333 So. 3d 348, 351
(Fla. 5th DCA 2022) (“[The inevitable discovery] doctrine requires the State to
establish by a preponderance of evidence that the police ultimately would have
discovered the evidence independently 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. There does not have to be an absolute certainty
of discovery but rather a reasonable probability.” (citations and internal quotation
marks omitted)).
James Uthmeier, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.
Adam Pollack, of Law Office of Adam L. Pollack, P.A., Orlando, for Appellee.
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