Does a failure to preserve or preserve evidence in a criminal case constitute a denial of due process?
MultiRegion, United States of America
The following excerpt is from United States v. Nyenekor, 15- 1271 (L), 16- 394 (Con) (2nd Cir. 2019):
See Arizona v. Youngblood, 488 U.S. 51, 58 (1988) ("[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.").
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