Tampering With Evidence

183 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Elazer Whitley, Jr.
  905 F.2d 163· 7th Cir.· 1990-06-20 ·cited 10×
  The court held that the defendant's conviction and sentence were supported by sufficient evidence and that the district court did not abuse its discretion in denying a motion for a new trial.
• United States v. Peltier
  800 F.2d 772· 8th Cir.· 1986-09-11 ·cited 10×
  The court held that although the prosecution withheld potentially exculpatory evidence, it was not material under the Bagley standard, meaning there was not a reasonable probability that its disclosure would have changed the outcome of the trial.
• United States v. Abraham
  541 F.2d 624· 6th Cir.· 1976-09-08 ·cited 9×
  The court held that the federal wiretap statute does not require the authorizing judge's personal presence for the sealing of recordings, and the procedure followed in this case constituted substantial compliance.
• Cole v. State
  190 So. 3d 185· Fla. 3d DCA· 2016-04-20 ·cited 8×
  Albert Cole was convicted of drug trafficking after a traffic stop yielded cocaine found both under his car and in his sock. Cole appealed arguing the trial court erred in denying his motion to suppress and in denying jury challenges for cause. The appellate court held the patdow
• Garnett Dwayne Bowe v. State
  785 So. 2d 531· Fla. 4th DCA· 2001-02-14 ·cited 8×
  Appellant Bowe was convicted of two counts of tampering with evidence. The court affirmed his conviction and held that a detective's testimony about caller I.D. and pager readouts did not constitute inadmissible hearsay because such readouts are not statements made by persons and
• Creme v. State
  752 So. 2d 1238· Fla. 3d DCA· 2000-03-01 ·cited 8×
  Florida appellate court affirmed drug convictions but reversed sentences to correct the written sentencing order to match the trial court's oral pronouncement.
• Kivett v. State
  629 So. 2d 249· Fla. 3d DCA· 1993-12-14 ·cited 8×
  Steven Kivett appeals his conviction for manslaughter with a firearm and tampering with evidence. The Florida District Court of Appeal affirms, rejecting his challenges to the sufficiency of evidence, the trial court's denial of his motion for judgment of acquittal, and his claim
• Frederiksen v. State
  312 So. 2d 217· Fla. 3d DCA· 1975-05-06 ·cited 8×
  Frederiksen appeals his conviction for possession of heroin, challenging the admission of evidence and testimony regarding a collateral theft. The Florida appellate court affirms, finding no abuse of discretion in admitting the heroin packets and holding that testimony about the
• State v. Emmet Zachery
  255 So. 3d 957· Fla. 2d DCA· 2018-07-25 ·cited 7×
  An officer had reasonable suspicion to conduct an investigatory stop and probable cause to arrest based on the totality of circumstances: the officer's observation of items appearing to be spice joints, his extensive narcotics training and experience with hundreds of arrests in t
• Parkerson v. State
  163 So. 3d 683· Fla. 4th DCA· 2015-04-29 ·cited 7×
  Kenneth Parkerson appealed his convictions for burglary with intent to commit video voyeurism and voyeurism, arguing the underlying statutes were facially overbroad under the First Amendment. The Fourth District Court of Appeal upheld the convictions, finding the voyeurism and vi
• Baldwin v. State
  684 So. 2d 254· Fla. 3d DCA· 1996-12-04 ·cited 7×
  The court held that a habitual offender sentence was permissible for tampering with evidence, as the statute's exclusion applies only to specific controlled substance offenses.
• United States v. Dickerson
  873 F.2d 1181· 9th Cir.· 1988-06-14 ·cited 7×
  The government failed to establish probable cause for forfeiture under either 21 U.S.C. § 881(a)(4) or 19 U.S.C. § 1703 because the evidence, including a drug dog's alert, was unreliable due to a significant time lapse and evidence of tampering.
• Jones v. State
  120 So. 3d 135· Fla. 4th DCA· 2013-08-21 ·cited 6×
  Jonathan Rashad Jones petitioned for a writ of prohibition after his motion to dismiss a firearm possession charge was denied on double jeopardy grounds. The court held that the state was barred by collateral estoppel from relitigating facts about a January 5, 2012 incident based
• State v. Harper
  800 So. 2d 708· Fla. 5th DCA· 2001-11-30 ·cited 6×
  The State appeals the trial court's dismissal of a tampering with evidence charge against Jonathan Harper. The appellate court reverses because the trial court relied on case law that was subsequently disapproved by the Florida Supreme Court in State v. Jennings, which establishe
• Forchin v. State
  660 So. 2d 763· Fla. 3d DCA· 1995-09-06 ·cited 6×
  Jackie Forchin appeals the revocation of his probation based on alleged tampering with physical evidence and failure to report to his probation officer. The court affirmed the revocation, finding that while the tampering charge could not legally support revocation under State v.
• State v. Darrel Jennings
  647 So. 2d 294· Fla. 3d DCA· 1994-12-14 ·cited 6×
  The State appealed the dismissal of a tampering with evidence charge against Jennings, who swallowed alleged cocaine rocks when he saw a police officer approaching. The court affirmed the dismissal, holding that Jennings could not be convicted of tampering with evidence because h
• United States v. Ewing
  979 F.2d 1234· 7th Cir.· 1992-11-16 ·cited 6×
  The court held that the district court did not abuse its discretion in disallowing the defendant's attorney from testifying, as her testimony would have been cumulative, and affirmed the sentencing enhancement for firearm possession, finding sufficient evidence of connection to t
• Pinellas v. State
  599 So. 2d 272· Fla. 5th DCA· 1992-05-29 ·cited 6×
  Louis Pinellas appealed the denial of his motion to correct an illegal sentence. The appellate court found that sentences imposed in case 89-199 violated sentencing guidelines and exceeded statutory maximums because the trial court imposed consecutive ten-year sentences without a
• Sites v. State
  582 So. 2d 813· Fla. 4th DCA· 1991-07-24 ·cited 6×
  Stephen Sites was arrested after a police officer searched his shirt pocket based on the presence of Zig-Zag rolling papers, ultimately leading to charges of tampering with evidence and drug paraphernalia possession. The Fourth District reversed, holding that simply seeing rollin
• State v. Zamora
  538 So. 2d 95· Fla. 3d DCA· 1989-02-07 ·cited 6×
  Florida appealed the dismissal of a cocaine trafficking charge after the trial court granted a second mistrial on double jeopardy grounds. The appellate court reversed, holding that where a mistrial is granted at the defendant's request, reprosecution is not barred by double jeop
• McNEIL v. State
  438 So. 2d 960· Fla. 1st DCA· 1983-10-05 ·cited 6×
  Jimmy McNeil was convicted of grand theft and tampering with evidence after tearing up a signed Miranda rights waiver form while in police custody. The Florida appellate court affirmed the grand theft conviction but reversed the tampering conviction, holding that the evidence was
• Costanzo v. State
  152 So. 3d 737· Fla. 4th DCA· 2014-12-03 ·cited 5×
  The court held that deleting a video from a work phone, after it had been texted and emailed to others, did not constitute evidence tampering under section 918.13, Florida Statutes, due to insufficient evidence of intent to impair its availability.
• Evans v. State
  997 So. 2d 1281· Fla. 4th DCA· 2009-01-14 ·cited 5×
  Kenneth Earl Evans was convicted of tampering with evidence after police observed him throw a crack cocaine rock to the ground during his arrest. The Fourth District Court of Appeal reversed, holding that the evidence was insufficient to support a tampering conviction because the
• Brown v. State
  575 So. 2d 1360· Fla. 3d DCA· 1991-03-12 ·cited 5×
  James Brown appeals his convictions for tampering with physical evidence and possession of cocaine, and his habitual offender sentence. The court affirms, holding that even though the initial arrest may have lacked probable cause, Brown's independent act of taking cocaine from po
• Beck v. State
  405 So. 2d 1365· Fla. 4th DCA· 1981-11-18 ·cited 5×
  Judy Anne Beck was convicted of aggravated battery and second degree murder in a stabbing death. The appellate court held that while the trial court erred in excluding blue jeans evidence due to lack of chain of custody, the error was harmless because the defendant was not depriv
• Hiram Gonzalez Morales v. State
  251 So. 3d 167· Fla. 4th DCA· 2018-06-27 ·cited 4×
  The trial court properly denied Morales's motion to dismiss on Stand Your Ground grounds because the evidence, viewed in favor of the State, refuted his self-defense claim as physically implausible. The judgment of conviction for second degree murder was supported by competent su
• Bearden v. State
  62 So. 3d 656· Fla. 2d DCA· 2011-04-13 ·cited 4×
  Joseph Eli Bearden appeals his life sentence for second-degree murder, challenging the trial court's exclusion of witness testimony that Ray Allen Brown allegedly admitted to being present when the victim was stabbed. The court affirmed, holding that the hearsay statements failed
• Kramer v. State
  15 So. 3d 790· Fla. 5th DCA· 2009-07-17 ·cited 4×
  Kramer was convicted of tampering with physical evidence and resisting without violence after a deputy observed crack cocaine in his mouth during a traffic stop. The appellate court reversed his convictions, finding that the initial investigatory stop lacked reasonable suspicion
• Flores v. State
  974 So. 2d 556· Fla. 5th DCA· 2008-02-15 ·cited 4×
  David Flores appeals his convictions for battery, aggravated assault, tampering with a witness, and tampering with evidence, challenging whether his acquittal on an arson charge required vacation of his evidence tampering conviction and whether his consecutive sentences violated
• Lamont Brookens v. State
  963 So. 2d 901· Fla. 5th DCA· 2007-08-24 ·cited 4×
  Lamont Brookens appealed his conviction and sentences for battery on a law enforcement officer, resisting an officer, tampering with evidence, and drug paraphernalia possession. The court affirmed his convictions but reversed his sentencing as a prison releasee reoffender, holdin
• A.F. v. State
  850 So. 2d 667· Fla. 4th DCA· 2003-07-30 ·cited 4×
  The court held that while the denial of the motion to suppress was proper, the evidence did not support a conviction for completed tampering with evidence, only attempted tampering.
• Wyatt v. State
  755 So. 2d 671· Fla. 4th DCA· 1999-06-30 ·cited 4×
  Ernest Wyatt was convicted of delivery of cocaine based on an aiding and abetting theory stemming from an undercover drug buy. The appellate court reversed his conviction, finding insufficient evidence that Wyatt aided and abetted his co-defendant Brannon's delivery of cocaine, a
• State v. Gilmore
  658 So. 2d 629· Fla. 2d DCA· 1995-07-21 ·cited 4×
  The court held that attempting to swallow contraband without destroying it does not constitute tampering, and that a defendant's addiction and amenability to treatment are valid reasons for a downward sentencing departure.
• Gilbert v. State
  647 So. 2d 853· Fla. 2d DCA· 1994-05-18 ·cited 4×
  Leon Gilbert appealed his conviction for driving with suspended license, tampering with evidence, and marijuana possession, as well as probation conditions imposed. The court affirmed the convictions but reversed and remanded to strike two probation conditions that were not orall
• Cook v. State
  528 So. 2d 1311· Fla. 2d DCA· 1988-08-03 ·cited 4×
  The court held that the evidence was insufficient to support a conviction for installing an illegal fuel system because the state failed to prove the fuel tank did not conform to federal regulations or lacked FAA approval. The court affirmed the conviction for tampering with evid
• Wolf v. State
  416 So. 3d 1117· Fla.· 2025-07-31 ·cited 3×
  Steven Matthew Wolf was convicted of first-degree murder, two counts of sexual battery with force, and tampering with evidence for the brutal rape and murder of a woman whose body was found near Marathon, Florida in 2018, and sentenced to death. The Florida Supreme Court affirmed
• Mathieu v. State
  258 So. 3d 528· Fla. 3d DCA· 2018-10-10 ·cited 3×
  A trial court does not abuse its discretion by permitting a witness to testify where the witness provides substantive evidence probative of facts in dispute, even if portions of that testimony are inconsistent with prior statements, because impeachment alone is not the primary pu
• Carreras v. State
  81 So. 3d 590· Fla. 5th DCA· 2012-03-02 ·cited 3×
  Carreras appeals his conviction for tampering with physical evidence, cannabis possession, and drug paraphernalia possession, arguing that the cannabis and paraphernalia convictions should be vacated because the underlying statute was held facially unconstitutional in a federal c
• Munroe v. State
  629 So. 2d 263· Fla. 2d DCA· 1993-12-15 ·cited 3×
  Melvin Munroe challenges his conviction for tampering with physical evidence under Florida Statute § 918.13. The court reverses, holding that throwing contraband away from one's person while in plain sight of arresting officers does not constitute the statutory offense of tamperi
• LEE v. State
  264 So. 3d 225· Fla. 1st DCA· 2018-12-27 ·cited 2×
  A trial judge's questioning of witnesses, chastisement of defense counsel for irrelevant questioning, and criticism of the prosecution's failure to object do not constitute fundamental error depriving a defendant of a fair trial when the judge does not assume the prosecutor's rol
• State of Del. v. Land
  24 P. 2· Del. Super. Ct.· 2018-10-01 ·cited 2×
  The Delaware Superior Court denied Maurice Land's motion for postconviction relief, finding that his trial counsel was not ineffective. The court determined that counsel's decision not to file a motion to sever the trial, not to move for a mistrial, and not to appeal the tamperin
• Lopez v. State
  225 So. 3d 330· Fla. 3d DCA· 2017-07-26 ·cited 2×
  The Third District Court of Appeal affirmed the denial of a motion to suppress evidence, holding that a police officer may lawfully order a passenger to remain at the scene during a traffic stop without reasonable suspicion, based on officer safety concerns and U.S. Supreme Court
• Purifoy v. State
  225 So. 3d 867· Fla. 1st DCA· 2017-05-25 ·cited 2×
  Purifoy appealed his convictions for first-degree murder, attempted murder, and tampering with evidence, challenging the seizure of his bloody clothing from a hospital emergency room without a warrant. The court affirmed, holding that although the seizure interfered with his poss
• Nock v. State
  211 So. 3d 321· Fla. 4th DCA· 2017-02-15 ·cited 2×
  Gabriel Brian Nock was convicted of first-degree murder during a robbery and tampering with physical evidence for strangling a 68-year-old victim during a sexual encounter. On appeal, Nock challenged the legality of cellular site location information (CSLI) tracking, the arrest j
• Leonard v. State
  192 So. 3d 1258· Fla. 2d DCA· 2016-06-10 ·cited 2×
  Robert Leonard was convicted in a bench trial of leaving the scene of an accident with death and tampering with evidence. The appellate court affirmed the conviction for leaving the scene of an accident but reversed the tampering conviction and remanded for a new trial due to the
• Ortiz v. State
  188 So. 3d 113· Fla. 1st DCA· 2016-04-04 ·cited 2×
  Anthony Ortiz appeals his convictions for first-degree murder, armed home invasion robbery, and tampering with evidence committed as a 16-year-old. The appellate court affirmed his convictions and the 50-year sentence for armed robbery, but remanded for resentencing on the murder
• Kenyon v. State
  146 So. 3d 1289· Fla. 1st DCA· 2014-09-19 ·cited 2×
• Elliott v. State
  49 So. 3d 795· Fla. 1st DCA· 2010-10-29 ·cited 2×
  William Elliott appeals his convictions for first-degree murder, abuse of a dead human body, and tampering with evidence, challenging the trial court's denial of his motions to suppress statements made to Jehovah's Witnesses elders and a jailer, as well as a map he drew. The appe
• Chapman v. State
  36 So. 3d 822· Fla. 5th DCA· 2010-05-28 ·cited 2×
  Chapman appeals his conviction for possession of ammunition by a convicted felon and tampering with physical evidence, challenging whether the state proved he intended to destroy or conceal evidence when he threw cocaine from his truck during a traffic stop. The Fifth District af
• Bass v. State
  11 So. 3d 1003· Fla. 1st DCA· 2009-06-30 ·cited 2×