Tampering With Evidence

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

• Anderson v. State
  996 So. 2d 256· Fla. 1st DCA· 2008-12-12 ·cited 2×
  The appellate court affirmed the conviction for attempted tampering with evidence, holding that the jury could reasonably infer the defendant's intent to impair evidence based on his actions when confronted by a police officer. The court found the prosecution's decision to pursue
• Morris v. State
  989 So. 2d 753· Fla. 2d DCA· 2008-09-12 ·cited 2×
  Morris appealed his convictions for cannabis possession, drug paraphernalia possession, resisting an officer, and tampering with physical evidence. The appellate court reversed the tampering conviction, finding that the evidence only supported attempted tampering because Morris d
• Cassidy v. McNeil
  621 F. Supp. 2d 1222· M.D. Fla.· 2008-06-24 ·cited 2×
  The court held that the state court's adjudication of Petitioner's claim regarding the pocketknife as a deadly weapon was not contrary to federal law and was based on a reasonable determination of the facts.
• Silvio Valdes v. State
  959 So. 2d 300· Fla. 3d DCA· 2007-05-09 ·cited 2×
  The court affirmed convictions for tampering with evidence and resisting an officer without violence, finding that jury instructions were not misleading and that the evidence supported the resisting charge.
• Maloy v. State
  937 So. 2d 311· Fla. 4th DCA· 2006-09-20 ·cited 2×
• Brown v. State
  766 So. 2d 485· Fla. 5th DCA· 2000-09-22 ·cited 2×
  Brown was convicted of cocaine trafficking after officers discovered 154 grams of cocaine during a vehicle search following a traffic stop. Brown appeals challenging the admission of $900 found on him, the cocaine evidence due to alleged weight discrepancies, and the trial court'
• Zackery Shabazz Peterson v. State
  743 So. 2d 1134· Fla. 1st DCA· 1999-09-22 ·cited 2×
  In this direct criminal appeal, the First District Court of Appeal reversed Peterson's conviction for simple possession of marijuana and his habitual felony offender sentence for possession with intent to sell, finding a double jeopardy violation under Paccione v. State and an il
• Garcia v. State
  721 So. 2d 1248· Fla. 3d DCA· 1998-12-23 ·cited 2×
  Florida appellate court affirmed conviction for possession with intent to sell crack cocaine, holding that cocaine evidence was properly admitted despite weight discrepancies because the chain of custody was unbroken and the differences were adequately explained.
• State v. Forchin
  684 So. 2d 820· Fla.· 1996-12-19 ·cited 2×
  The Florida Supreme Court resolved a conflict between two District Court of Appeal decisions regarding whether tampering with physical evidence can serve as a basis for probation revocation. The Court held that tampering charges can support probation revocation and disapproved th
• United States v. Arache
  946 F.2d 129· 1st Cir.· 1991-09-27 ·cited 2×
  The court affirmed the conviction and sentence, holding that the trial judge's concerns about evidence tampering did not warrant acquittal or reversal, and that the jury's role in assessing credibility was paramount.
• Rader v. State
  420 So. 2d 110· Fla. 4th DCA· 1982-10-06 ·cited 2×
  The court held that the evidence was insufficient to support a conviction for tampering with physical evidence because the state failed to prove the defendant acted with the specific intent required by the statute.
• Wester v. State
  400 So. 3d 771· Fla. 1st DCA· 2024-11-13 ·cited 1×
  Florida's RICO Act requires proof that the enterprise was being used by at least two persons with an understood purpose of accomplishing an illegal objective; the statute does not apply to a single individual who acts alone in using an enterprise to commit crimes. The racketeerin
• Quanavis Ladon Pender v. State
  362 So. 3d 290· Fla. 5th DCA· 2023-06-09 ·cited 1×
  A conviction for tampering with evidence under Florida Statute § 918.13(1)(a) cannot rest solely on a defendant's confession when the state presents no independent substantial evidence of the defendant's specific intent or purpose to impair the evidence's availability or veracity
• Alcegaire v. State
  326 So. 3d 656· Fla.· 2021-09-09 ·cited 1×
  Johnathan Alcegaire was convicted of three counts of first-degree murder, attempted first-degree murder, burglary, conspiracy, robbery, and evidence tampering in connection with a 2016 triple homicide in Lakeland, Florida. He was sentenced to death for the three murders. On direc
• Armas v. State
  312 So. 3d 1062· Fla. 1st DCA· 2021-03-11 ·cited 1×
  The appellate court affirmed a conviction for first-degree murder, grand theft, and tampering with evidence. The court found no abuse of discretion in denying the defendant's mid-trial request for self-representation, allowing medical examiner testimony, or denying a motion for a
• Corie Copeland v. State
  247 So. 3d 645· Fla. 1st DCA· 2018-05-16 ·cited 1×
  A bedroom directly adjacent to and four to ten feet from the place of arrest is "immediately adjoining" the place of arrest under Maryland v. Buie, permitting a precautionary sweep without articulable suspicion. Officers lawfully observed narcotics in plain view during such a swe
• Hammond v. State
  232 So. 3d 1056· Fla. 1st DCA· 2017-09-27 ·cited 1×
  Harold Hammond appeals his convictions for second-degree murder, tampering with evidence, possession of a firearm by a convicted felon, and battery, arguing that the trial court should have severed the battery count from the other charges. The appellate court affirmed the convict
• Davis v. State
  89 So. 3d 1124· Fla. 2d DCA· 2012-06-15 ·cited 1×
  Kenneth Davis appealed the summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising six claims of ineffective assistance of counsel. The appellate court reversed and remanded as to claims one and two regarding counsel's failure to
• Cassidy v. State
  853 So. 2d 594· Fla. 5th DCA· 2003-09-05 ·cited 1×
  The court held that there was sufficient evidence for the jury to determine the pocketknife was a deadly weapon and to convict the defendant of tampering with evidence.
• State v. Hillman
  780 So. 2d 156· Fla. 2d DCA· 2001-01-12 ·cited 1×
  Florida appeals the suppression of cocaine found during a consensual search of Larry Hillman following an investigatory traffic stop based on a reliable confidential informant's tip. The court reversed, holding that the officers had reasonable suspicion to stop Hillman's vehicle
• Cridland v. State
  693 So. 2d 720· Fla. 3d DCA· 1997-05-21 ·cited 1×
• THE Florida BAR v. Adamo
  493 So. 2d 450· Fla.· 1986-09-04 ·cited 1×
  The Court adopts the referee's uncontested report and approves the recommended discipline of disbarment.
• Robertson v. State
  Fla. 3d DCA· 2026-07-01
  A probationer classified as a violent felony offender of special concern is entitled to a new sentencing hearing when the trial court fails to make the mandatory written dangerousness findings required by § 948.06(8)(e), Florida Statutes, rather than merely entering a written ord
• State v. Wesley
  Fla. 6th DCA· 2026-06-12
  A defendant granted immunity for lawful self-defense killing cannot be prosecuted for accessory after the fact to a capital felony because the immunity precludes proof that a capital felony occurred, an essential element of that offense. However, immunity for the underlying killi
• State v. Lashawn Triplett
  Fla. 6th DCA· 2026-06-12
  The trial court properly dismissed the accessory after the fact to a capital felony charge but erred in dismissing the false report to law enforcement authorities charge, which must be reinstated.
• Axel Esteban Inostroza v. State
  Fla. 4th DCA· 2026-05-20
  Trial counsel rendered ineffective assistance by misadvising the defendant regarding the strength of the case and sentencing exposure, and the defendant demonstrated prejudice by establishing a reasonable probability he would have accepted the plea offer had he received proper ad
• Graham v. State
  Fla. 4th DCA· 2025-09-03
  When a trial court's written judgment for fines, fees, costs, and charges differs from the oral pronouncement at sentencing, the written judgment must conform to the oral pronouncement.
• Wolf v. State
  Fla.· 2025-07-10
  Steven Wolf was convicted of first-degree murder, two counts of sexual battery with force, and tampering with evidence in the death of a woman who was brutally attacked and killed in his van in November 2018, and the Florida Supreme Court affirmed his conviction and death sentenc
• MacEda v. State
  Fla. 2d DCA· 2025-03-12
  Jesus Fuentes Maceda appeals his convictions for premeditated first-degree murder, robbery with a firearm, and tampering with physical evidence. The Florida District Court of Appeal affirms the judgment and sentence but remands for the trial court to enter written findings regard
• Carlyle Green v. State
  Fla. 4th DCA· 2024-09-25
  Carlyle Green appeals his probation revocation sentence imposed after a hearing where he was found guilty of tampering with evidence while on probation from a home invasion robbery conviction. The appellate court affirmed the revocation and sentence but remanded for correction of
• Napier v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-05-21
  The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
• Magneson v. State
  Fla. 4th DCA· 2024-05-08
  The state's evidence that a defendant removed a knife from a crime scene without separate substantial evidence of the defendant's specific intent or purpose to impair its availability in a criminal proceeding is insufficient to prove tampering with physical evidence, which is a s
• Norge Cruz v. State
  Fla. 3d DCA· 2024-04-17
  A defendant's recorded jailhouse instructions to his wife to delete cellphone data to prevent police investigation constitutes competent, substantial evidence of criminal conspiracy to tamper with physical evidence, and the trial court properly denied the defendant's motions for
• Zayas-Acosta v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-03-07
  A federal district court denied Gleen Zayas-Acosta's habeas corpus petition challenging his state court conviction for heroin trafficking, drug paraphernalia possession, and resisting arrest, rejecting his claims of ineffective assistance of counsel under the Strickland standard.
• Johnson v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-11-20
  The court denied the petition for writ of habeas corpus, finding no merit to the claims of ineffective assistance of counsel.
• Martin v. Snyder
  S.D. Fla.· 2023-10-10
  The court accepted in part and rejected in part the magistrate judge's report, finding a genuine dispute of material fact exists regarding the Sheriff's "failure to train or supervise" claim under Section 1983, but agreeing with the Sheriff regarding state law immunity for certai
• Disdier v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2023-08-15
  David Disdier challenged his state convictions for racketeering conspiracy, drug trafficking conspiracy, and related offenses on federal habeas review, but the district court found most of his claims procedurally defaulted and rejected his ineffective assistance of counsel claims
• Quintana Ramirez v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-08-04
  The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
• Freeman v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2023-06-13
  A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
• Dukes v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-04-06
  The court held that the state court's denial of the petition for writ of habeas corpus was not contrary to or an unreasonable application of federal law, and the factual findings were reasonable.
• Laisha L. Landrum v. State
  Fla. 2d DCA· 2022-11-09
  The appellate court reversed a resentencing court's determination that the appellant intended to kill the victim, finding the lower court erred by making this finding itself rather than relying on a jury determination. The case highlights the requirement for jury findings on aggr
• Davis v. State
  M.D. Fla.· 2022-11-03
  Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
• Sinclair v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-03
  A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
• V. ID. No. 1909006430 Brandon Holmes
  Del. Super. Ct.· 2022-09-09
  The court held that the police's on-scene viewing and collection of the restaurant's surveillance footage was reasonable under the exigent circumstances and plain view doctrines, and that the subsequent search warrant for the footage was valid. Therefore, the defendant's motion t
• Bellay v. Shue
  M.D. Fla.· 2022-08-05
  Brenda Bellay sued the City of Tampa and Officer Tyler Shue for false arrest and battery related to her 2015 arrest at a bar, but the federal district court granted the defendants' motion to dismiss the case with prejudice as a sanction for spoliation after finding that Bellay ha
• v. I.D. No. 2103011110 James MacColl
  Del. Super. Ct.· 2022-07-01
  The court held that Garrity immunity does not protect false statements made by police officers, even if made under penalty of termination, and that the former officer lacked standing to enforce confidentiality provisions under the Law-Enforcement Officers Bill of Rights (LEOBOR)
• Shaw v. Sec'y, Dep't of Corr. (Baker County)
  M.D. Fla.· 2021-08-09
  An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state
• Bing v. State
  Fla. 1st DCA· 2021-07-06
  The appellate court affirmed a defendant's convictions for murder and related charges. The court addressed the defendant's claim that the trial court erred in denying his motion to compel the production of grand jury transcripts, finding no abuse of discretion.
• Yarnell Rashard Bagley v. State
  Fla. 1st DCA· 2021-05-12
  The appellate court affirmed a conviction for robbery, murder, and tampering with evidence. The court held that the trial court did not abuse its discretion in admitting a witness's prior consistent statement to rebut defense claims of improper influence or fabrication by law enf
• Jihad Abdul Smith v. State
  Fla. 1st DCA· 2020-11-18
  The appellate court affirmed a juvenile offender's convictions and life sentence for first-degree murder and tampering with evidence. The court found no error in the trial court's consideration of sentencing factors or its exclusion of a third-party confession, nor in a prosecuto