State v. Jennings

In State v. Jennings, 666 So. 2d 131 (Fla. 1995), the officers, using binoculars, observed Jennings holding what they believed was a marijuana cigarette. Id. at 131. As one of the officers approached Jennings, the officer observed what he believed to be loose cocaine rocks in Jennings' hands. Id. When the officer shouted, "police!", Jennings put the alleged cocaine rocks into his mouth and swallowed them; they were never recovered. Id. In analyzing whether the state had proved that Jennings had tampered with physical evidence in violation of section 918.13, the supreme court held that "swallowing an object clearly constitutes altering, destroying, concealing or removing a 'thing' within the meaning of section 918.13." Id. at 132.