In what circumstances will the police fail to preserve blood samples from the scene of an assault?
California, United States of America
The following excerpt is from Michael L., In re, 216 Cal.Rptr. 140, 39 Cal.3d 81, 702 P.2d 222 (Cal. 1985):
In People v. McCann (1982) 115 Misc.2d 1025, 455 N.Y.S.2d 212, the police failed to seize the victim's blood-stained trousers and failed to preserve blood scrapings which they had obtained at the scene of the assault. The defense moved for a dismissal on the ground that these omissions [702 P.2d 231] violated the accused's due process rights. (Id., 455 N.Y.S.2d at pp. 213-214.)
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