State v. Milo
State v. Milo
Opinion of the Court
This case began when appellee Milo asked a convenience store clerk to call the police because his “wife” was mentally ill and was trying to run in front of cars. An officer arrived, and during his efforts to control the situation, a three-way altercation erupted between Milo, the officer, and the alleged wife.
Milo was arrested for battery of a police officer; the wife for resisting arrest. A disinterested witness gave the police a signed, written statement about the incident. When Milo was being processed, he said he wanted to press charges for the officer striking the wife. The officer then
Willful, intentional destruction of evidence requires sanctions. Bad faith destruction of evidence requires dismissal of the charges. Louissaint v. State, 576 So.2d 316 (Fla. 5th DCA 1990). Here, the first statement was destroyed, and another different statement was created. Such conduct by the state warrants the ultimate sanction.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.