Does a highway patrolman have an affirmative duty to secure and preserve evidence for civil litigation?
California, United States of America
The following excerpt is from Strong v. State, B225885 (Cal. App. 2011):
In Williams v. State of California, supra, 34 Cal.3d 18, the issue was "whether the mere fact that a highway patrolman comes to the aid of an injured or stranded motorist creates an affirmative duty to secure information or preserve evidence for civil litigation between the motorist and third parties." The court concluded that "stopping to aid a motorist does not, in itself, create a special relationship which would give rise to such a duty." (Id. at p. 21.)
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