What is the test for a de novo a due process claim involving the government's failure to preserve potentially exculpatory evidence?

"We review de novo a due process claim involving the governments failure to preserve potentially exculpatory evidence." United States v. Flyer , 633 F.3d 911, 91516 (9th Cir. 2011). "We review factual findings, such as the absence of bad faith, for clear error." Id. at 916.

The governments failure to preserve potentially exculpatory evidence rises to the level of a due process violation only if the defendant shows that the government acted in bad faith. Arizona v. Youngblood , 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988). "The presence or absence of bad faith turns on the governments knowledge of the apparent exculpatory value of the evidence at the time it was lost or destroyed, because without knowledge of the potential usefulness of the evidence, the evidence could not have been destroyed in bad faith." United States v. Zaragoza-Moreira , 780 F.3d 971, 977 (9th Cir. 2015).