California, United States of America
The following excerpt is from People v. O'Hearn, 135 Cal.App.3d 234, 185 Cal.Rptr. 197 (Cal. App. 1982):
It is clear, however, had the plants not been destroyed, the defendants may have been able to impeach the officer's testimony both as to quantity and quality of the marijuana. Because this potentially impeaching evidence was destroyed, it is the testimony of the officers which must be suppressed. (People v. Goss (1980) 109 Cal.App.3d 443, 456, 167 Cal.Rptr. 224.)
The People contend alternatively that the plants were properly destroyed pursuant to Health and Safety Code section 11479. 1
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