Can police officers' failure to preserve all of the confiscated marijuana plants intact so that an independent count can be established?
MultiRegion, United States of America
The following excerpt is from U.S. v. Belden, 957 F.2d 671 (9th Cir. 1992):
Police officers' failure to preserve all of the confiscated marijuana plants intact so as to enable an independent count did not infringe Belden's constitutional right of access to evidence. When potentially exculpatory evidence has not been preserved, the defendant must show "bad faith on the part of the police" to establish infringement of the right of access. Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 337, 102 L.Ed.2d 281 (1988).
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