State v. Miller

The State appeals the trial court’s order suppressing evidence of certain statements allegedly made by Appellee to law enforcement officers during a noncustodial interview. The trial court suppressed the evidence as a sanction, based on its determination that the law enforcement personnel had acted in bad faith as demonstrated by their “gross negligence” in losing or destroying the recording of the subject interview. Because the record does not support the trial court’s finding of bad faith, we reverse.

On July 4, 2013, Sergeant Mankewich and Detective Voyles of the Orange County Sheriffs…