§ 90.91, Fla. Stat. — Photographs of Wrongfully Taken Property
Plain English
A practical rule for theft cases. Rather than warehousing stolen goods as evidence until trial, law enforcement can photograph the property, and that photo is admissible to the same extent as the actual property — provided it carries a sworn written description: what the property is, who owns it, where the taking occurred, the investigating officer, the date the photo was taken, and the photographer. The description is made under oath by the investigating officer, and the photo is signed by the photographer. Once that photo and writing are filed with the authority or court holding the property, the property can be returned to its owner — so a victim isn’t deprived of their belongings for the length of a prosecution.
From the Courtroom
This is one of those quietly humane rules: the burglary victim doesn’t have to do without their television (or their tools, or their car) for a year while the case winds through court. Photograph it properly, file the sworn description, and the real thing goes home — the picture carries the evidentiary weight.
Key Points & Authority
- § 90.91, Fla. Stat. — In a wrongful-taking prosecution, a photograph of the property (with a sworn written description: property, owner, location, officer, date, photographer) is admissible to the same extent as the property itself.
- After filing the photo and writing, the property may be returned to the owner.
- Federal note: no Federal Rules of Evidence counterpart — a Florida-specific practical statute.
Federal Parallel
Florida-specific. The Federal Rules of Evidence contain no equivalent return-to-owner photograph statute; in federal practice such photos come in under ordinary authentication and best-evidence principles.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.91 lets a photograph of wrongfully taken property (with a sworn written description) be admissible to the same extent as the property in a wrongful-taking prosecution, allowing the actual property to be returned to its owner.