What is the current state's duty to preserve and preserve evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Ortega, E070978 (Cal. App. 2019):
"The federal constitutional guarantee of due process imposes a duty on the state to preserve 'evidence that might be expected to play a significant role in the suspect's defense.'" (People v. Montes (2014) 58 Cal.4th 809, 837 (Montes).) Whether the loss of evidence rises to the level of a due process violation is governed by the principles set
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