Legal Question in Criminal Law in Florida

suppressing a stolen video tape

i work at a bar where we have cameras we had an altercation that got out of hand and the victims girlfriend stole the video tape from our office.the tape was mishandled from the start.the state didnt get a copy of the tape for almost three months.can i suppress the tape


Asked on 2/03/09, 11:32 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: suppressing a stolen video tape

No

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Answered on 2/03/09, 11:38 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: suppressing a stolen video tape

Likely no, you cannot. There is a difference between "fungible" evidence and "non-fungible" evidence. Non-fungible evidence is evidence that is unique and can be identified - a gun with a unique serial number, a sealed bag of narcotics with identifying marks on the bag, etc. A video tape is another example. It could be lost, stolen, and gone for a year and still be admitted into evidence if there is someone who will authenticate it by testifying as to what it is, when it was created, and whether it accurately depicts what it is purported to depict.

If you would like to discuss this further, please do not hesitate to contact me at your convenience.

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Answered on 2/03/09, 1:28 pm


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