I get it. People do things they shouldn’t do. But, taking a picture or video while doing it seems like you’re pushing your luck. Again, I get it. Today’s real-life case should serve as a gentle reminder that even borderline shady photography may cause trouble, so, I recommend you not document shenanigans with your iPhone. Just saying.
Todays’s case is Dion Johnson v. State of Florida, 2019 Fla.App.Lexis 18806 (Fla 1st DCA 2019). Johnson was sent to prison for 15 years for drug trafficking. A picture on his phone sealed his fate. Here’s what happened:
The SWAT team executes a search warrant of a house. Several people in the house during the search. One of these folks was Dion Johnson. We know that Johnson did not own or rent the home, he was just visiting.
At trial, the prosecutor called a witness who testified that drugs were sold from this house, and they testified that even Johnson was selling drugs from this home, but the witness couldn’t say what kind of drugs Johnson was selling (I cannot believe this evidence made it to trial, but that’s a topic for another day, in general, see Austin v. State, 44 So.3d 1260 (Fla. 1st DCA 2010)). Continue Reading