Amendments to 918.13

1. Munroe v. State

   629 So. 2d 263 (Fla. Dist. Ct. App. 1993)   Cited 3 times

   Section 918.13 states:
2. Baldwin v. State

   684 So. 2d 254 (Fla. Dist. Ct. App. 1996)   Cited 4 times

   Defendant-appellant Baldwin was convicted on count one of possession of cocaine in violation of section 893.13, Florida Statutes (1993). On count two he was convicted of tampering with evidence in violation of section 918.13, Florida Statutes (1993). At sentencing, the trial court imposed a guidelines sentence on count one, and a habitual offender sentence on count two.
3. McKenzie v. State

   632 So. 2d 276 (Fla. Dist. Ct. App. 1994)   Cited 16 times

   Defendant was convicted of tampering with evidence, a third degree felony under section 918.13(1)(a), Florida Statutes (1991), which provided:

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4. Boice v. State

   560 So. 2d 1383 (Fla. Dist. Ct. App. 1990)   Cited 24 times

   Section 918.13, Florida Statutes (1987), states:
5. State v. Majors

   318 S.W.3d 850 (Tenn. 2010)   Cited 470 times

   • Motion to dismiss

   We are also not persuaded by Defendant's citation to the factually distinguishable case of C.K. v. State, 753 So.2d 617 (Fla.Dist.Ct.App. 2000). In that case, the court considered the sufficiency of the evidence for a violation of Florida's evidence-tampering statute, which provides that "'(1) No person, knowing that a criminal . . . investigation by a . . . law enforcement agency, . . . is pending or about to be instituted, shall: (a) [a]lter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such . . . investigation.'" Id. at 618 (quoting Fla. Stat. § 918.13( 1)(a) (1997)) (alterations in original). In C.K, the State's only witness at the juvenile defendant's adjudicatory hearing was arresting officer Sierra, who testified that, while he and his partner were driving in an unmarked vehicle, he noticed an individual who matched the description of a suspect. As Officer Sierra parked the car, his partner approached the individual, who made a motion with his hand and began running. The two officers gave chase. They did not announce that they were police officers. Officer Sierra was not in uniform, and the…

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6. U.S. v. Floyd

   316 F. App'x 881 (11th Cir. 2008)

   Florida Statute § 918.13 is the substantive offense of tampering with physical evidence and is a third-degree felony. Fla. Stat. § 918.13. Florida Statute § 777.04 outlines the offense of criminal attempt and states, inter alia, that if the offense attempted is a third-degree felony ranked in level three or higher, then the offense of criminal attempt is a third-degree felony. Fla. Stat. § 777.04(1), (4)(d). Because a violation of Florida Statute § 918.13 is a level three third-degree felony, Fla. Stat. § 921.002(3)(c), the attempted tampering with physical evidence charge was a third-degree felony for which Floyd could be sentenced to up to five years' imprisonment, Fla. Stat. § 775.082(3)(d).

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7. Martin v. Inch

   Case No. 3:19cv1429-LC/MAF (N.D. Fla. Apr. 16, 2020)

   • Motion to dismiss
   1 more...

   § 918.13(1)(a), Fla. Stat. (2015). The Florida Supreme Court has explained that "tossing evidence away in the presence of a law enforcement officer . . . could amount to tampering or concealing evidence" under the statute. State v. Jennings , 666 So. 2d 131, 132 (Fla. 1995). The court explained that "[a]n affirmative act of throwing evidence away constitutes more than mere abandonment." Id . Further, in a footnote, the court stated that, even when the objects are not recovered, a defendant "can be found guilty of tampering under section 918.13 if a trier of fact finds [the defendant] knew an investigation was about to begin and destroyed objects which he knew were the focus of the impending investigation." Id . at 134 n.3.
8. Costanzo v. State

   152 So. 3d 737 (Fla. Dist. Ct. App. 2014)

   Section 918.13, Florida Statutes (2013), provides in pertinent part:

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9. Costanzo v. State

   152 So. 3d 737 (Fla. Dist. Ct. App. 2014)

   Section 918.13, Florida Statutes (2013), provides in pertinent part:

   PAGE 738
10. State v. Jennings

    666 So. 2d 131 (Fla. 1996)   Cited 3 times

    Jennings was charged with tampering with physical evidence in violation of section 918.13, Florida Statutes (1993). Section 918.13 provides, in pertinent part: