Does the failure of the government to preserve potentially exculpatory evidence violate due process?
MultiRegion, United States of America
The following excerpt is from U.S. v. Julio G., 5 F.3d 542 (9th Cir. 1993):
The failure of the government to preserve potentially exculpatory evidence only violates due process where a defendant can show that the evidence was lost or destroyed in "bad faith." Arizona v. Youngblood, 488 U.S. 51, 58 (1988). "The presence or absence of bad faith by the police ... must necessarily turn on the police's knowledge of the exculpatory value of the evidence at the time it was lost or destroyed." Id. at 56-57 n.*.
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