P. v. Smith
Defendant James Edward Smith contends the trial court erred in denying his motion to suppress evidence discovered during a search of his vehicle, and in denying his Trombetta[1] motion to dismiss on account of the loss of exculpatory evidence.
We disagree with defendant’s contentions and affirm the judgment. The trial court properly denied the motion to suppress evidence, as defendant was lawfully detained and the searches of his vehicle were based on his voluntary consent. The trial court also properly denied the Trombetta motion, as defendant failed to show the loss of potential evidence was the result of bad faith conduct by law enforcement officers, and that the lost evidence was material and exculpatory.
Comments on P. v. Smith