Freeman v. State

OPINION

Appellant was stopped for a traffic violation and was ultimately arrested and charged with driving while intoxicated. At trial, it came to light that the police videotape of appellant’s stop and field sobriety tests was recorded over. At the close of evidence, appellant requested a spoliation instruction regarding the missing tape. Appellant did not cite any constitutional authority in support of his requested instruction. The State argued that the federal standard under Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988), applied. The requested instruction was…