What are the consequences of failing to collect blood samples from the scene of a crime?

California, United States of America


The following excerpt is from People v. Bradley, 159 Cal.App.3d 399, 205 Cal.Rptr. 485 (Cal. App. 1984):

Plaintiff appeals from an order dismissing charges against defendant, entered after the trial court imposed sanctions on the prosecution for failing to collect blood-sample evidence for preservation in accordance with People v. Hitch (1974) 12 Cal.3d 641, 117 Cal.Rptr. 9, 527 P.2d 361. Plaintiff contends law enforcement officers had no duty to collect and preserve bloodstained articles discovered at the scene of the crime and, if they did, the sanction imposed was not appropriate. We agree that law enforcement officers had no initial duty to collect the blood stains and shall reverse.

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