Is Throwing the Gun Away “Tampering” with Evidence?

Under Florida law, it is a felony for someone to tamper with evidence. But what exactly is “tampering”? Let’s say Karl shoots Dave with a gun. Karl then flees the scene and tosses the gun into a sewer. The police eventually arrest Karl and charge him with shooting Dave. Can they also charge him with evidence tampering for getting rid of the gun?

Florida’s evidence tampering law states that a person who knows a criminal proceeding or investigation is “pending or about to be instituted” may not “[a]lter, destroy, conceal, or remove any … thing with the purpose to impair its verity or availability” in said proceeding or investigation. The state must prove that the defendant acted with “specific intent or purpose.” The mere fact the defendant may have removed a thing from the crime scene, without more, is insufficient to convict on evidence tampering.

Florida Courts Require Proof of “Specific Intent”

The Florida Fourth District Court of Appeal recently addressed this subject. In Magneson v. State, a jury convicted the defendant of manslaughter and tampering with physical evidence. In this case, the defendant confessed to the police that he took a knife from his house and used it to fatally stab the victim. He then returned home and left the knife next to his porch, but the police never recovered it.

On these facts, the Fourth District reversed the evidence tampering conviction. It pointed to another recent case from the Fifth District Court of Appeal, Pender v. State, where that court similarly held that simply leaving the scene of a crime with the weapon–absent any evidence of the defendant’s specific intent–could not support an evidence tampering charge. In the Pender case, the defendant shot a man, drove away, and then threw his gun into the river. As in the Magneson case, the police never found the weapon.

More to the point, in both cases the defendant never told the police why they removed the weapon from the crime scene. This is important because, as previously mentioned, Florida’s evidence tampering statute requires proof of “specific intent.” In other words, the state has to prove not just that the defendant removed the weapon–they have to prove why he removed it. Intent cannot be inferred from the act of removal alone.

Contact Asilia Law Firm Today

The lesson here is not that you should dispose of potentially incriminating evidence. The lesson is that you should never make voluntary statements to the police that might be used to prove that you intended to tamper with potentially incriminating evidence. Indeed, whenever you are questioned by the police for any reason, remember that you have the right to remain silent–and to speak with an attorney.

When your life and freedom are on the line, you should never hesitate to assert your rights. Our Miami murder/homicide lawyers can review the State Attorney’s case against you and advise you of your best options for mounting a defense. Call the Asilia Law Firm in Miami today at (786) 420-3014 to schedule an initial consultation with a member of our team.

Sources:

scholar.google.com/scholar_case?case=17105235297460996444

scholar.google.com/scholar_case?case=17528015934176565761