Does the federal government have a duty to obtain evidence from the state police department?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gebro, 19 F.3d 30 (9th Cir. 1994):
5 Even if the government had been aware of the citation earlier, it had no duty to obtain it from the state police department. See United States v. Gatto, 763 F.2d 1040, 1048-49 (9th Cir.1985); see also United States v. Chavez-Vernaza, 844 F.2d 1368, 1375 (9th Cir.1988) (triggering requirement under Rule 16 is that evidence be in actual custody or control of federal government).
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