Is a finding of bad faith destruction of evidence sufficient to dismiss a criminal case?

California, United States of America


The following excerpt is from People v. Sendejas, 2d Crim. No. B265902 (Cal. App. 2017):

absent a finding of bad faith destruction of evidence].) Dismissal of a prosecution is not called for when a less severe remedy affords a defendant due process and a fair trial. (People v. Price (1985) 165 Cal.App.3d 536, 545.)

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