Northern Kentucky police have begun often times adding the felony charge of Tampering with Physical Evidence when defendants are charged with Heroin or other drug offenses. It is important for the defendant to be apprised of the actual statute defining Tampering. It would also would be wise of police officers to make themselves aware of this statute as well.
KRS 524.100 Tampering with physical evidence.
(1) A person is guilty of tampering with physical evidence when, believing that an
official proceeding is pending or may be instituted, he:
(a) Destroys, mutilates, conceals, removes or alters physical evidence which he
believes is about to be produced or used in the official proceeding with intent
to impair its verity or availability in the official proceeding; or
(b) Fabricates any physical evidence with intent that it be introduced in the
official proceeding or offers any physical evidence, knowing it to be
fabricated or altered.
(2) Tampering with physical evidence is a Class D felony.
The charge is typically an overcharge. When a person is using drugs, they have no belief that an official proceeding is pending since it isn’t. Further, they generally throw the drugs or needles to avoid detection. The drugs or paraphernalia is seldom destroyed or removed, moreover it is not “about to be produced or used in the official proceedings and it is not intended to impair its verity or availability. Under the new police theory, any time that a person ingests a drug, he is tampering since he is destroying the evidence of the crime of possession.
In order to deter future charges such as this, defendants and defense attorneys must defend such cases and charges. If you have been charged with Tampering with Physical Evidence in Newport, Florence, Burlington or Covington, contact Michael W. Bouldin for a consultation. Call 859-581-6453 or email at firstname.lastname@example.org .