Legal Question in Criminal Law in Texas

If someone had been drinking and had orally swallowed some methamphetamine while parked at a truckstop/store. Then while sitting in their truck was approached by police two hours after ingesting the drug (and had gotten rid of any evidence of the drug). And the police repeatedly asked them what they were under the influence of and they eventually told the police. Who then made an arrest and charged the person with Tampering with Evidence. My question is, how can they charge this person when there was no remaining evidence of the meth, and there was no investigation or official proceeding pending or in progress at the time the drug was ingested? Can they make this charges stick? Texas Penal Code reads: � 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:

(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or.......


Asked on 9/17/13, 8:07 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Since the statute requires knowledge of "an investigation or official proceeding is pending or in progress", the state would have to show that before the police arrived that the Defendant knew that there would be an investigation. This is impossible.

Without reading and case law on this, I'd send the case to the grand jury or file a motion to quash the information.

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Answered on 9/17/13, 9:08 pm


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