GEORGE TAPLIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed a District Court of Appeal decision in Taplis regarding the evidentiary standard for excluding physical evidence based on alleged tampering. Finding no actual conflict with prior precedent in Dodd v. State, the Court dismissed the petition and held that relevant physical evidence is admissible unless there is probable tampering, not merely a reasonable possibility of tampering.
There is no conflict between Taplis and Dodd. Relevant physical evidence is admissible unless there is probable tampering. A mere reasonable possibility of tampering is not sufficient to exclude evidence; rather, once evidence of tampering is produced, the proponent must establish a proper chain of custody or submit other evidence that tampering did not occur.
[1] A party seeking to exclude otherwise relevant evidence must demonstrate a likelihood or probability of tampering.
[2] Relevant physical evidence is admissible unless there is some indication of probable tampering.
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Join FLexlaw to unlock all legal intelligence“[R]elevant physical evidence is admissible unless there is some indication of probable tampering with the evidence.”
Establishes the standard that both Taplis and Dodd apply: probable tampering must be shown to exclude otherwise relevant evidence.
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Join FLexlaw to unlock all legal intelligenceThe case involved a dispute over whether allegedly tampered physical evidence should be excluded. The district court in Taplis held evidence admissibl…
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PER CURIAM.
We accepted jurisdiction to review State v. Taplis, 684 So. 2d 214 (Fla. 6th DCA 1996), based on alleged express and direct conflict with Dodd v. State, 537 So. 2d 626 (Fla. 3d DCA 1988). Upon closer examination, however, we find that there is no conflict jurisdiction, and that therefore review was improvidently granted.
The district court in Taplis held that a party attempting to exclude otherwise relevant evidence must show a likelihood or probability of tampering. 684 So. 2d at 215. In so holding, the court found the evidence admissible since the record did not establish that tampering had probably occurred. Id. at 216. Likewise, the district court in Dodd recognized that “[rjelevant physical evidence is admissible unless there is some indication of probable tampering with the evidence.” 537 So. 2d at 627 (emphasis added). In Dodd, the court applied that rule and held that probable tampering was established by virtue of conflicting descriptions of the evidence and gross discrepancies in the weight and packaging details of the evidence. Id. at 628.
The petitioner’s attempt to establish conflict arises out of a confusing and misplaced sentence in Dodd that “a mere reasonable possibility of tampering is sufficient to require proof of the chain of custody” before admitting the evidence. Id. at 628. A fan-reading of Dodd indicates that the district court was concerned about the State’s failure to account for a gap in the chain of custody which, when considered together with the other evidence of tampering, supported a conclusion of probable tampering. As petitioner concedes, the Dodd court did not state or hold that “a mere reasonable possibility of tampering” would bar admission of the evidence. Rather, such language was used to emphasize that once evidence of tampering is produced, the proponent of the evidence is required to establish a proper chain of custody or submit other evidence that tampering did not occur. Id. at 628. Because we find no conflict exists between Taplis and Dodd, we decline jurisdiction. This review proceeding is therefore dismissed.
It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ„ and GRIMES, Senior Justice, concur. NO MOTION FOR REHEARING WILL BE ALLOWED.
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Taylor v. State, 855 So. 2d 1 (Fla. 2003)…ry v. State, 668 So. 2d 954, 959 n. 4 (Fla.1996). Once a party produces evidence of tampering, “the proponent of the evidence is required to establish a proper chain of custody or submit other evidence that tampering did not occur.” Taplis v. State, 703 So. 2d 453, 454 (Fla.1997). Taylor claims that the boxer shorts should have been excluded because the bag in which they were kept had been tampered with or altered, as evidenced by a missing note and a loose staple on the seal of the bag.28 While Taylor may h…
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Overton v. State, 976 So. 2d 536 (Fla. 2007)…of probable tampering.” (quoting Peek v. State, 395 So. 2d 492, 495 (Fla.1980))). Contrary to Overton’s argument, this Court has not held that a broken chain of custody alone is enough by itself to establish probable tampering. See Taplis v. State, 703 So. 2d 453, 454 (Fla.1997) (acknowledging that a fair reading of Dodd v. State, 537 So. 2d 626 (Fla. 3d DCA 1988), is that the “State’s failure to account for a gap in the chain of custody which, when considered together with the other evidence of tampering, s…
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Murray v. State, 838 So. 2d 1073 (Fla. 2002)…Q: Thank you, sir. A: And below standards. . State v. Taplis, 684 So. 2d 214, 215 (Fla. 5th DCA 1996) ("[T]he burden of one attempting to bar otherwise relevant evidence is to show a likelihood of tampering (probability)...."). . Taplis v. State, 703 So. 2d 453, 454 (Fla.1997) ("[0]nce evidence of tampering is produced, the proponent of the evidence is required to establish a proper chain of custody or submit other evidence that tampering did not occur.”). See also Dodd v. State, 537 So. 2d 626 (Fla. 3d DC…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dodd v. State, 537 So. 2d 626 (Fla. 3d DCA 1988)
- State v. Taplis, 684 So. 2d 214 (Fla. 5th DCA 1996)
- Keesal v. First Healthcare Corp., 684 So. 2d 214 (Fla. 2d DCA 1996)