What is the test for suppression of evidence in a civil case?
California, United States of America
The following excerpt is from Webb v. Miller, 187 Cal.App.3d 619, 232 Cal.Rptr. 50 (Cal. App. 1986):
It is recognized a "refusal by police to allow one accused of intoxication to procure a timely blood test amounts to a suppression of evidence." (Brown v. Municipal Court (1978) 86 Cal.App.3d 357, 363, 150 Cal.Rptr. 216.) Such deprivation "prevents the accused from obtaining evidence necessary to his defense, and is a denial of due process of law." (Id., at p. 361, 150 Cal.Rptr. 216.)
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