Not every forensic expert finds evidence that helps the defense. Sometimes, the most powerful testimony is proving that evidence was destroyed—and that the destruction was the state’s fault.

When police mishandle evidence, the jury does not get to see what that evidence showed. But the jury does get to know that the evidence existed, that the police had it, and that the police destroyed it through carelessness or incompetence.

In this second-degree murder case, a surveillance video could have shown exactly what happened during a fatal fight. The police had that video. They watched part of it. And then they destroyed it. A forensic data recovery expert proved it—and that proof contributed to a not guilty verdict. I am Tampa Criminal Defense Attorney Rocky Brancato. This post is part of our forensic series put out by the Brancato Law Firm, P.A., your Tampa criminal forensic evidence law firm.

The Case: A Fatal Fight and a Missing Video

My client was charged with second-degree murder after a fatal fight with his roommate. The confrontation occurred inside their shared residence, and my client maintained that he acted in self-defense.

There was a surveillance camera in the residence, positioned to point outside a window. Based on its angle and field of view, that camera would have captured critical moments of the fatal encounter.

The police seized the camera. They reviewed some of the footage. They confirmed that it contained video of the incident.

And then they destroyed it through their mishandling.

The Defense Investigation: Proving What Was Lost

We knew from police reports that officers had reviewed the video and confirmed it contained footage of the incident. However, they had not watched everything—and they had not preserved it properly.

We retained a forensic data recovery expert and obtained a court order permitting us to send the surveillance camera to the expert for examination.

The expert’s task was twofold:

• Attempt to recover any remaining video data from the device
• Determine whether the data had been properly preserved or improperly handled

The Expert’s Findings: No Data Remaining

After examining the surveillance camera, the forensic data recovery expert reached a definitive conclusion: there was no remaining data on the device.

The video that police confirmed existed—the video that could have shown exactly what happened during the fatal fight—was gone. Not corrupted. Not partially recoverable. Gone.

The expert could not recover the footage. But that was not the point.

The point was that the police had possessed critical evidence, failed to preserve it properly, and destroyed it through their mishandling. The jury needed to know that.

The Trial Strategy: Two Complementary Defenses

At trial, we presented two complementary defenses:

1. Self-Defense

My client testified that he acted in self-defense during the fatal confrontation with his roommate. Under Florida law, a person has the right to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm.

2. Police Destruction of Evidence

We called the forensic data recovery expert to testify about what he found—or rather, what he did not find. He explained:

• The proper protocol for preserving digital video evidence
• That police had failed to perform a forensic download
• That their handling of the device resulted in the destruction of the video
• That no data remained on the device

The message to the jury was clear: the state had evidence that could have shown exactly what happened. They destroyed it. Now they want you to convict my client without it.

The Impact on the Jury

The destroyed video created a powerful question in the jurors’ minds: What did that video show?

If the video had shown my client as the aggressor, the police would have preserved it. If it had contradicted his self-defense claim, they would have made sure the jury saw it.

Instead, they destroyed it. And the jury was left to wonder whether that video would have supported my client’s account of what happened.

That doubt—combined with the self-defense testimony—was enough.

What This Case Teaches About Evidence Destruction

• Investigate what evidence the police had—and what happened to it. Review police reports carefully for references to evidence that was seized but not produced in discovery.
• Retain a forensic expert even when recovery is unlikely. The expert’s testimony about what should have been done—and what the police failed to do—can be as powerful as the evidence itself.
• Obtain court orders to examine evidence independently. Do not rely on the state’s representation of what evidence shows or does not show.
• Use evidence destruction to support reasonable doubt. When the state destroys evidence, the jury is entitled to wonder what that evidence would have shown—and to hold the destruction against the prosecution.
• Combine evidence arguments with substantive defenses. In this case, evidence destruction supported self-defense—each argument reinforced the other.

Types of Evidence Mishandling That Can Help the Defense

Frequently Asked Questions

What happens when police destroy evidence?

When police destroy evidence—whether intentionally or through negligence—the defense can argue that the jury should draw negative inferences against the prosecution. The destruction may also support motions to dismiss or for jury instructions that the missing evidence should be presumed favorable to the defense.

What is spoliation of evidence?

Spoliation is the destruction, alteration, or failure to preserve evidence relevant to a case. In criminal cases, when the state commits spoliation, the defense can argue that the destroyed evidence would have been favorable to the defendant.

What is a forensic data recovery expert?

A forensic data recovery expert specializes in retrieving and analyzing digital data from electronic devices. They can attempt to recover deleted files, examine devices for evidence of tampering, and testify about whether evidence was properly preserved according to forensic protocols.

What is a forensic download?

A forensic download is a process that creates a complete, bit-by-bit copy of all data on an electronic device. This preserves the original evidence in its entirety, including deleted files and metadata. Proper forensic protocol requires this type of preservation before any examination of the device.

Can destroyed evidence help my defense?

Yes. When the state destroys evidence, the defense can argue that the evidence would have been favorable to the defendant. A forensic expert can testify about what protocols should have been followed and how the destruction occurred—creating doubt about the thoroughness and fairness of the investigation.

Should I hire a data recovery expert if the evidence is already gone?

Potentially yes. Even when recovery is impossible, a forensic expert can testify about proper evidence handling procedures and how the police deviated from those procedures. This testimony can be powerful evidence of investigative failure that supports reasonable doubt.

Was Evidence Destroyed or Mishandled in Your Case?

Police are supposed to preserve evidence—especially evidence that could help the defense. When they fail to do so, you have the right to hold that failure against them.

For over 25 years, I have defended clients against serious charges in Tampa Bay. I know how to investigate what evidence the police had, determine whether it was properly preserved, and use forensic experts to expose investigative failures that create reasonable doubt.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Part of the Forensic Evidence Series

Related Case Studies: DNA Evidence Defense | Aggravated Child Abuse Defense | Forensic Pathologist | Fingerprint Evidence is Not as Reliable as You Think | Cell Phone Location Data Can prove You Were Not There | When Brain Damage Explains Criminal Conduct | Your BAC at the Station is Not Your BAC Behind the Wheel | When a Confession is Not a Confession | When the Car–Not the Driver–Caused the Crash | The Injuries Were Real–But They Were Not From the Alleged Rape | Similar Is not The Same: How a Firearms Expert Kept Out Prejudicial Evidence

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Why Expert Witnesses are Not Optional in Major Crimes Cases

At The Brancato Law Firm, P.A., we defend people across Tampa and Hillsborough County who are charged with crimes like resisting arrest, obstruction, and now violations of Florida Statute 843.31. If you’ve been arrested for filming or standing too close to police, we can help.

What the New Law Says

Under Section 843.31, Florida Statutes, it’s now a second-degree misdemeanor to stay within 25 feet of a police officer, firefighter, or EMT after being told to back away. If you’re recording and don’t move after a verbal warning, and police say you intended to interfere, threaten, or harass, you could be arrested.

Penalties include up to 60 days in jail and a $500 fine.

This law applies across Florida—including Tampa, Brandon, Riverview, Plant City, and throughout Hillsborough County.

Can You Still Record Police Officers in Tampa?

Yes, you can still legally film police in public places. That right is protected by the First Amendment. But the new law gives officers more power to control how close you can get. If you’re filming and they tell you to step back—and you don’t—you’re at risk of being charged under this statute.

How to Safely Record Police Without Getting Arrested

If you want to record an arrest, traffic stop, or emergency response, follow these safety tips:

• Stay at least 25 feet away – If an officer tells you to back up, do it. Don’t argue.
• Use your phone’s zoom – You can still record from a distance.
• Keep calm and don’t talk to the officers – Stay quiet and focus on filming.
• Don’t block emergency workers or vehicles – Move out of the way immediately.
• Stay on public property – Sidewalks and parking lots are usually safe zones.
• Film the warning if possible – If you’re told to back up, record that moment. It may help your defense later.

Arrested for Filming Police in Hillsborough County? Call a Criminal Defense Lawyer Now

Many arrests under this new law are based on the officer’s opinion. You may not have intended to interfere—but police can still say you did. That’s why you need an experienced criminal defense attorney who knows how to challenge vague claims and protect your rights.

At The Brancato Law Firm, P.A., we’ve spent over 25 years defending people charged with serious crimes in Tampa and Hillsborough County. We understand how these cases work—and how to fight them. Whether you were arrested at a protest, during a traffic stop, or while filming a family member’s arrest, we are ready to step in and help.

Contact Us Today

If you’ve been charged under Florida Statute 843.31 or any other criminal offense, don’t wait. The sooner you call, the more we can do.

Call (813) 727-7159 now for a free and confidential consultation with Rocky Brancato, Tampa criminal defense attorney. We serve clients in Tampa, Brandon, Riverview, Plant City, and across Hillsborough County.

Let us protect your freedom—so you can protect your rights.

Frequently Asked Questions About Filming Police in Tampa, Florida

Is It Legal to Record Police Officers in Tampa?

Yes. You generally have a First Amendment right to film police officers performing their duties in public places in Tampa and throughout Florida. However, a new Florida law (Florida Statute § 843.31) that took effect on January 1, 2025, restricts how close you can be while recording.

What Does Florida Statute 843.31 Say About Filming Police?

Under Section 843.31, it is a second-degree misdemeanor to stay within 25 feet of a police officer, firefighter, or EMT after being told to move away. If you continue recording without moving back and the officer believes you intended to interfere, threaten, or harass, you can be arrested.

What Are the Penalties for Violating Florida’s Filming Law?

Violating Florida Statute 843.31 is punishable by up to 60 days in jail and a fine of up to $500. A conviction also creates a criminal record that may affect future employment or licensing opportunities.

Does This Law Apply Throughout the Tampa Bay Area?

Yes. Florida Statute 843.31 applies statewide—including Tampa, Brandon, Riverview, Plant City, and all of Hillsborough County. Local police departments must follow the same 25-foot rule under this law.

Can I Still Record Police in Public?

Yes. Your right to record law enforcement in public remains protected, but you must comply with any verbal instruction to move at least 25 feet away. Ignoring that warning could result in arrest under Section 843.31.

How Can I Safely Record Police Without Getting Arrested?

To safely record police encounters in Tampa:

• Keep at least 25 feet away from officers and emergency workers.
• Move back immediately if asked—do not argue or resist.
• Use your phone’s zoom to capture video from a distance.
• Stay calm and silent while filming; avoid direct engagement.
• Do not block emergency vehicles or personnel.
• Stay on public property such as sidewalks or parking lots.
• If possible, record the officer’s verbal warning to move back. This could support your defense if you are arrested.

What Should I Do If I’m Arrested for Filming Police in Tampa?

If you are arrested for violating Florida Statute 843.31, contact an experienced Tampa criminal defense attorney immediately. Your lawyer can investigate whether the officer’s instruction was lawful and whether your actions actually interfered with their duties.

Why Do I Need a Lawyer If I’m Charged Under Section 843.31?

Arrests under this law often depend on an officer’s subjective interpretation of your intent. A knowledgeable attorney can challenge vague allegations, argue that your recording was constitutionally protected, and work to have the charges dismissed or reduced.

Who Should I Contact If I’m Arrested for Filming Police in Hillsborough County?

If you’ve been charged under Florida Statute 843.31, contact The Brancato Law Firm, P.A. for a free and confidential consultation.
Attorney Rocky Brancato represents clients throughout Tampa, Brandon, Riverview, Plant City, and Hillsborough County.
Call (813) 727-7159 today to protect your rights and your future.