What is the legal test for destroying or destroying evidence in a criminal case?

Law enforcement agencies have a constitutional obligation to preserve evidence "that might be expected to play a significant role in the suspect's defense." (California v. Trombetta (1984) 467 U.S. 479, 488, fn. omitted.) To fall within the scope of this duty, the exculpatory value of the evidence must be apparent before the evidence was destroyed, and the evidence must "be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means." (Id. at p. 489.) A failure to preserve evidence done in bad faith constitutes a due process violation. (Arizona v. Youngblood (1988) 488 U.S. 51, 58.

Page 15