What is the test for failing to preserve or preserve evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Sixto, 17 Cal.App.4th 374, 21 Cal.Rptr.2d 264 (Cal. App. 1993):
"In [People v. Hitch, supra, 12 Cal.3d 641, 117 Cal.Rptr. 9, 527 P.2d 361], we held the People violate a criminal defendant's right to federal due process if they fail to adequately preserve evidence in their possession when there exists a 'reasonable possibility' the evidence would have been material and favorable to the defendant. To redress the constitutional violation, the results of the test could be excluded. (People v. Moore (1983) 34 Cal.3d 215, 223-224, 193 Cal.Rptr. 404, 666 P.2d 419.)
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