Offenses Against the State and Public Justice
Tampering with physical evidence
Notes of Decisions
Defendant, who damaged own property but filed police report alleging that defendant’s ex-boyfriend damaged property on day before scheduled hearing to continue defendant’s restraining order against ex-boyfriend, cannot be convicted under this section. State’s inference that defendant destroyed property with hope that ex-boyfriend would be cited with contempt of restraining order does not amount to defendant having knowledge that official proceeding regarding contempt citation is about to be instituted, as required by this section. State v. Austin, 265 Or App 140, 333 P3d 1224 (2014)
Evidence that defendant knew that defendant was under arrest was sufficient to permit reasonable inference that defendant swallowed marijuana with “knowledge” that official proceeding was about to be instituted. State v. Jacobs, 276 Or App 453, 369 P3d 82 (2016)