What is the test for bad faith in destroying or disposing of evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Grant, C087733 (Cal. App. 2020):

11. The presence of bad faith necessarily turns on law enforcement's knowledge of the exculpatory value of the evidence at the time it was lost or destroyed. (Arizona v. Youngblood, supra, 488 U.S. at p. 56, fn. *.) A showing that evidence was disposed of in accordance with standard procedures in the ordinary course of business suggests good faith. (People v. Duff, supra, 58 Cal.4th at p. 550.)

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