In any prosecution for a crime involving the wrongful taking of property, a photograph of the property alleged to have been wrongfully taken may be deemed competent evidence of such property and may be admissible in the prosecution to the same extent as if such property were introduced as evidence. Such photograph shall bear a written description of the property alleged to have been wrongfully taken, the name of the owner of the property, the location where the alleged wrongful taking occurred, the name of the investigating law enforcement officer, the date the photograph was taken, and the name of the photographer. Such writing shall be made under oath by the investigating law enforcement officer, and the photograph shall be identified 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.
Fla. Stat. § 90.91 — Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner
Purpose of the Rule: This statute provides a practical solution for cases involving stolen property. It allows law enforcement to return stolen goods to their rightful owners promptly, without having to hold the items in an evidence locker for months or years until a trial is complete.
How it Works: Instead of introducing the actual stolen property as evidence, the prosecution can introduce a photograph of the property. This photograph is admissible and serves as competent evidence of the item, just as if the item itself were present in court.
Authentication Requirements: To be admissible under this rule, the photograph must be properly authenticated with a written description that includes:
- A description of the property.
- The name of the owner.
- The location of the crime.
- The name of the investigating officer.
- The date the photo was taken.
- The name of the photographer.
This written description must be sworn to by the investigating officer, and the photographer must sign the photograph itself.
