CopyPublished | Florida 2nd District Court of Appeal | 1990 WL 152113
...ettes. *93 The cigarettes themselves were returned to the Circle K store and were not produced at Thomas's trial. Instead, the state was permitted to substitute the pictures taken by the officer. Thomas objected that the photos failed to comply with section 90.91, Florida Statutes (1987)....
...with the law enforcement authority or court holding such property as evidence." The pictures were never filed, but were merely brought into court at trial by the witness. Therefore the question before us, which appears to be one of first impression, is under what circumstances noncompliance with section 90.91 will serve to invalidate a theft conviction where photographic evidence has been used. We hold that an accused who objects to a violation of section 90.91 must demonstrate that prejudice results from the failure to comply with the statute's technical requirements. Section 90.91 was adopted in 1984, at which time the legislature made certain findings of fact....
...upon the constitutional rights of defendants." § 2, Ch. 84-363, Laws of Fla. Prior to that time, Thomas claims, "the state had to submit the actual item stolen." This is not necessarily so. In fact, Professor Ehrhardt describes the requirements of section 90.91 as "much more stringent than the rules were prior to the enactment of the statute." Ehrhardt, Florida Evidence, 2d Ed....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 8544, 2002 WL 1332566
...He argues that, through the use of this process, Pollack has been able to do an end run around the requirement that one who obtains a prejudgement writ of replevin must post a bond. §
78.068(3), Fla. Stat. (2001). The sheriff argues that he was authorized to return this property to the owner under section
90.91, Florida Statutes, which authorizes the sheriff “in any prosecution for a crime involving the wrongful taking of property,” to photograph the property and return it to the “owner from whom the property was taken.” This statute a...
...other household items were photographed and videotaped, and Pollack signed an agreement that he would not dispose of the property until disposition of the criminal case. Miller has been charged with wrongfully taking this property from Pollack, and section 90.91 therefore applies....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 19781, 2014 WL 6833272
...Roberson admitted to taking the items and returned them to their rightful owners. Thus, in Roberson’s prosecution, the issue in dispute centers on the value of the stolen items. Five days before trial, Roberson filed a motion to dismiss premised on the State’s alleged violation of section 90.91, Florida Statutes (1995)....
...dentified by the signature of the photographer. Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be returned to the owner from whom the property was taken. § 90.91, Fla....
