In a criminal investigation, your phone might hold the key to your defense—texts, photos, or call logs that could prove your innocence. But what happens if police destroy it? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” fighting for Hoosiers when evidence goes missing—or gets trashed. In Indiana, spoliation of evidence by law enforcement, like smashing a phone, raises serious due process questions under the U.S. and Indiana Constitutions. In 2025, this issue is critical as digital evidence dominates cases. Let’s explore how the Indiana Court of Appeals handles it—and what it means if your phone’s gone.
Spoliation in Criminal Law: The Basics
Spoliation means the loss, destruction, or alteration of evidence that could affect a case. In criminal matters, it’s governed by constitutional protections, not a specific Indiana statute. The U.S. Supreme Court set the standard in Arizona v. Youngblood (488 U.S. 51, 1988): if police destroy “potentially useful” evidence in bad faith, it violates due process. Indiana follows this, but the bar’s high—negligence isn’t enough; intent matters. Destroying a phone—say, during a search or testing—can trigger this analysis, especially if it held exculpatory data.
Indiana Courts on Destroyed Evidence
The Indiana Court of Appeals has tackled spoliation, including cases involving physical evidence, offering clues on how phone destruction might play out. In Blanchard v. State (802 N.E.2d 14, Ind. Ct. App. 2004), police lost a rape kit before trial. Blanchard argued it could’ve exonerated him via DNA. The court upheld his conviction, finding no bad faith—just sloppy storage—and the kit’s value was speculative since other evidence (victim testimony) stood strong. Blanchard shows that without proof of intentional misconduct, spoliation claims struggle unless the lost item was clearly pivotal.
Now look at State v. Durden (No. 49A02-1309-CR-753, Ind. Ct. App. 2014). Police destroyed a car tied to a drug case before the defense could inspect it for exculpatory evidence (e.g., showing someone else’s use). The trial court dismissed the charges, but the Appeals Court reversed. The destruction followed routine policy after a forfeiture notice, not bad faith, and Durden couldn’t prove the car’s “apparent” exculpatory value pre-destruction. Durden suggests that even intentional acts (like smashing a phone) might not win if they’re standard procedure—unless you can show the evidence was a game-changer.
Phones in 2025: A Special Case
Phones aren’t just evidence—they’re treasure troves. If police destroy one during an investigation—say, cracking it open for data or “accidentally” breaking it—the Youngblood test applies: Was it potentially useful? Did they act in bad faith? Indiana courts haven’t ruled on a phone-specific spoliation case recently, but Blanchard and Durden set the tone. Negligent destruction (e.g., dropping it) rarely cuts it—you’d need proof they smashed it to hide something helpful to you. And “helpful” means more than a hunch; you’d need to show what was on it, like a timestamped alibi photo.
In 2025, with phones central to drug, assault, and cybercrime cases, this issue’s heating up. Police might claim they destroyed it after imaging the data, but if they didn’t preserve the original—or the imaging missed key files—your rights could be at stake. At Harshman Ponist Smith & Rayl, we’ve seen how lost evidence shifts the fight. We’d demand records of the destruction, challenge their process, and argue prejudice if that phone held your defense.
Fighting Spoliation Close to Home
If police destroyed your phone in a criminal case, it’s not game over. Was it bad faith or just carelessness? Could it have cleared you? As your “Trusted Counsel Close to Home,” Harshman Ponist Smith & Rayl digs into the why and how—using cases like Blanchard to push for sanctions or Durden to question intent. A missing phone might mean suppressed evidence, a dismissed charge, or a trial advantage.
Charged and evidence is gone? Call us for a free consultation. We’ll chase the truth, lean on the law, and stand by you—right here in Indiana.