No Dismissal for Inadvertent Destruction of Drug

By Deborah Elkins
Published: June 2, 2011

Tags: Criminal, Fairfax County Circuit Court, Judge Charles James Maxfield, Virginia Circuit Courts

A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police. Failure to preserve potentially useful evidence does not violate due process unless a criminal defendant can show bad faith on the part of the police. Also relevant to ...

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