State v. Jacobs

For purposes of charging a defendant with tampering with physical evidence under ORS 162.295, a defendant has knowledge that an official proceeding is about to be instituted against him at the time he is placed under arrest.

Defendant appealed a conviction for unlawful delivery of marijuana (ORS 475.860) and tampering with physical evidence (ORS 162.295). Defendant participated in a drug deal with undercover officers, and after Defendant was told he was under arrest he ate the marijuana officers were trying to confiscate. At trial, Defendant argued evidence was insufficient to prove he knew an official proceeding was about to be instituted against him when he destroyed the evidence. Defendant argued knowledge of being under arrest does not equate to knowledge that a proceeding was about to instituted because charges may not be pressed in the future. The Court held knowledge may be inferred from conduct and that because Defendant knew he was being taken into custody for the purpose of being charged with an offense, a rational fact-finder could reasonably infer Defendant knew an official proceeding was about to be commenced. Affirmed.