What is the test for showing bad faith in failing to preserve or preserve evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Stevens, A119073 (Cal. App. 2012):
particular prosecution." (Id. at p. 58.) "[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." (Ibid.) The requirement to show bad faith applies even where the evidence is central to the case and has been requested in discovery. (Illinois v. Fisher (2004) 540 U.S. 544, 547-549.)
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