Does a police lab's failure to preserve a patient's blood sample violate title 17 regulations?

California, United States of America


The following excerpt is from People v. Mays, C083884 (Cal. App. 2019):

As the trial court noted, the blood sample was preserved from February 24, 2012, the date of collection, until the summer of 2014. It was destroyed as part of the police department's routine evidence purge. During this period, defendant never requested a test of the blood samples. Neither the lab nor the police acted in bad faith. In addition, any alleged failure to comply with title 17 regulations goes to the weight of evidence. Defendant could have attempted to discredit the test results by showing noncompliance with the regulations affected those results. (People v. French (1978) 77 Cal.App.3d 511, 522; People v. Adams (1976) 59 Cal.App.3d 559, 567.)

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