Does a defendant have to prove that the police acted in bad faith by failing to obtain a blood sample from him?
California, United States of America
The following excerpt is from People v. Jones, B227030 (Cal. App. 2012):
Yet if we were to conclude that due process includes a duty to collect evidence, defendant's claim would fail because all that he can say about his blood sample is that it could have been tested and the results may have helped establish his mental state defense. He thus would have been required to show that the police acted in bad faith by failing to have his blood drawn (Youngblood, 488 U.S. at pp. 57-58; People v. DePriest (2007) 42 Cal.4th 1, 42).
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