california
trombetta
argued
april
decided
june
stopped
unrelated
incidents
suspicion
drunken
driving
california
highways
respondent
submitted
intoxilyzer
test
registered
concentration
high
enough
presumed
intoxicated
california
law
although
technically
feasible
preserve
samples
respondents
breath
arresting
officers
ordinary
practice
respondents
charged
driving
intoxicated
prior
trial
municipal
denied
respondent
motion
suppress
intoxilyzer
test
results
ground
arresting
officers
failed
preserve
samples
respondents
breath
respondents
claim
enabled
impeach
incriminating
test
results
ultimately
consolidated
proceedings
california
appeal
ruled
respondents
favor
concluding
due
process
demanded
arresting
officers
preserve
breath
samples
held
due
process
clause
fourteenth
amendment
require
law
enforcement
agencies
preserve
breath
samples
order
introduce
results
tests
trial
thus
state
failure
preserve
breath
samples
respondents
constitute
violation
federal
constitution
pp
extent
respondents
breath
samples
came
california
authorities
possession
limited
purpose
providing
raw
data
intoxilyzer
evidence
presented
trial
breath
rather
intoxilyzer
results
obtained
breath
samples
authorities
destroy
breath
samples
calculated
effort
circumvent
due
process
requirement
brady
maryland
progeny
state
disclose
criminal
defendants
material
evidence
possession
failing
preserve
samples
authorities
acted
good
faith
accord
normal
practice
pp
importantly
california
policy
preserving
breath
samples
without
constitutional
defect
constitutional
duty
preserve
evidence
limited
evidence
might
expected
play
role
suspect
defense
evidence
must
possess
exculpatory
value
apparent
destroyed
must
also
nature
defendant
unable
obtain
comparable
evidence
reasonably
available
means
neither
conditions
met
facts
case
pp
marshall
delivered
opinion
unanimous
filed
concurring
opinion
post
charles
kirk
deputy
attorney
general
california
argued
cause
petitioner
briefs
john
van
de
kamp
attorney
general
william
stein
assistant
attorney
general
gloria
de
hart
deputy
attorney
general
john
demeo
argued
cause
respondents
brief
thomas
kenney
frederick
haley
john
pettis
briefs
amici
curiae
urging
reversal
filed
state
minnesota
et
al
hubert
humphrey
iii
attorney
general
minnesota
james
early
special
assistant
attorney
general
thomas
fabel
deputy
attorney
general
jim
smith
attorney
general
florida
linley
pearson
attorney
general
indiana
edwin
lloyd
tittman
attorney
general
mississippi
mike
greely
attorney
general
montana
appellate
committee
california
district
attorney
association
john
vance
national
district
attorneys
association
et
al
david
crump
wayne
schmidt
james
manak
edwin
miller
george
schraer
lisa
short
filed
brief
state
public
defender
california
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
state
north
carolina
rufus
edmisten
attorney
general
isaac
avery
iii
special
deputy
attorney
general
county
los
angeles
robert
philibosian
harry
sondheim
john
messer
california
public
defender
association
et
al
albert
menaster
william
thornbury
ephraim
margolin
justice
marshall
delivered
opinion
due
process
clause
fourteenth
amendment
requires
state
disclose
criminal
defendants
favorable
evidence
material
either
guilt
punishment
agurs
brady
maryland
case
raises
question
whether
fourteenth
amendment
also
demands
state
preserve
potentially
exculpatory
evidence
behalf
defendants
particular
question
presented
whether
due
process
clause
requires
law
enforcement
agencies
preserve
breath
samples
suspected
drunken
drivers
order
results
tests
admissible
criminal
prosecutions
omicron
intoxilyzer
intoxilyzer
device
used
california
measure
concentration
alcohol
blood
motorists
suspected
driving
influence
intoxicating
liquor
intoxilyzer
analyzes
suspect
breath
operate
device
law
enforcement
officers
follow
procedures
prior
test
device
purged
pumping
clean
air
readings
obtained
breath
test
requires
sample
alveolar
deep
lung
air
assure
sample
obtained
subject
required
blow
air
intoxilyzer
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pressure
period
several
seconds
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sample
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chamber
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light
used
sense
alcohol
level
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samples
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result
indicated
printout
card
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tests
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register
within
order
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air
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alcohol
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app
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rptr
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motion
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officers
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respondents
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although
preservation
breath
samples
technically
feasible
california
law
enforcement
officers
ordinarily
preserve
breath
samples
made
effort
cases
respondents
claimed
breath
sample
preserved
able
impeach
incriminating
intoxilyzer
results
respondents
motions
suppress
denied
respondents
ward
berry
submitted
cases
police
records
convicted
ward
berry
subsequently
petitioned
california
appeal
writs
habeas
corpus
respondents
trombetta
cox
submit
trial
sought
direct
appeal
municipal
orders
appeals
eventually
transferred
appeal
consolidated
ward
berry
petitions
california
appeal
ruled
favor
respondents
implicitly
accepting
breath
samples
useful
respondents
defenses
reviewed
available
technologies
determined
arresting
officers
capacity
preserve
breath
samples
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cal
app
cal
relying
heavily
california
decision
people
hitch
cal
appeal
concluded
due
process
demands
simply
evidence
collected
state
intoxilyzer
breath
testing
device
law
enforcement
agencies
must
establish
follow
rigorous
systematic
procedures
preserve
captured
evidence
equivalent
use
defendant
cal
app
cal
granted
respondents
ward
berry
new
trials
ordered
intoxilyzer
results
admitted
evidence
two
respondents
state
unsuccessfully
petitioned
certiorari
california
petitioned
review
granted
certiorari
reverse
ii
due
process
clause
fourteenth
amendment
criminal
prosecutions
must
comport
prevailing
notions
fundamental
fairness
long
interpreted
standard
fairness
require
criminal
defendants
afforded
meaningful
opportunity
present
complete
defense
safeguard
right
developed
might
loosely
called
area
constitutionally
guaranteed
access
evidence
taken
together
group
constitutional
privileges
delivers
exculpatory
evidence
hands
accused
thereby
protecting
innocent
erroneous
conviction
ensuring
integrity
criminal
justice
system
rudimentary
cases
impose
upon
prosecution
constitutional
obligation
report
defendant
trial
whenever
government
witnesses
lie
oath
napue
illinois
see
also
mooney
holohan
criminal
defendants
entitled
much
protection
perjury
defendant
constitutionally
protected
privilege
request
obtain
prosecution
evidence
either
material
guilt
defendant
relevant
punishment
imposed
brady
maryland
even
absence
specific
request
prosecution
constitutional
duty
turn
exculpatory
evidence
raise
reasonable
doubt
defendant
guilt
agurs
prosecution
must
also
reveal
contents
plea
agreements
key
government
witnesses
see
giglio
circumstances
may
required
disclose
identity
undercover
informants
possess
evidence
critical
defense
roviaro
less
clear
cases
extent
due
process
clause
imposes
government
additional
responsibility
guaranteeing
criminal
defendants
access
exculpatory
evidence
beyond
government
possession
occasions
suggested
federal
government
might
transgress
constitutional
limitations
exercised
sovereign
powers
hamper
criminal
defendant
preparation
trial
instance
marion
lovasco
intimated
due
process
violation
might
occur
government
delayed
indictment
long
defendant
ability
mount
effective
defense
impaired
similarly
supra
acknowledged
government
offend
due
process
clause
fifth
amendment
deporting
potential
witnesses
diminished
defendant
opportunity
put
effective
defense
however
never
squarely
addressed
government
duty
take
affirmative
steps
preserve
evidence
behalf
criminal
defendants
absence
doctrinal
development
area
reflects
part
difficulty
developing
rules
deal
evidence
destroyed
prosecutorial
neglect
oversight
whenever
potentially
exculpatory
evidence
permanently
lost
courts
face
treacherous
task
divining
import
materials
whose
contents
unknown
often
disputed
cf
supra
moreover
fashioning
remedies
illegal
destruction
evidence
pose
troubling
choices
nondisclosure
cases
grant
defendant
new
trial
previously
suppressed
evidence
may
introduced
evidence
destroyed
violation
constitution
must
choose
barring
prosecution
suppressing
california
appeal
case
state
probative
evidence
one
case
discussed
due
process
constraints
government
failure
preserve
potentially
exculpatory
evidence
killian
killian
petitioner
convicted
giving
false
testimony
violation
key
element
government
case
investigatory
report
prepared
federal
bureau
investigation
solicitor
general
conceded
prior
petitioner
trial
agents
prepared
investigatory
report
destroyed
preliminary
notes
made
interviewing
witnesses
petitioner
argued
notes
helpful
defense
agents
violated
due
process
clause
destroying
exculpatory
evidence
denying
notes
might
contributed
petitioner
defense
ruled
destruction
rise
level
constitutional
violation
agents
notes
made
purpose
transferring
data
thereon
served
purpose
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agents
good
faith
accord
normal
practices
clear
destruction
constitute
impermissible
destruction
evidence
deprive
petitioner
right
given
precedents
area
agree
california
appeal
state
failure
retain
breath
samples
respondents
constitutes
violation
federal
constitution
begin
california
authorities
case
destroy
respondents
breath
samples
calculated
effort
circumvent
disclosure
requirements
established
brady
maryland
progeny
failing
preserve
breath
samples
respondents
officers
acting
good
faith
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normal
practice
killian
supra
record
contains
allegation
official
animus
towards
respondents
conscious
effort
suppress
exculpatory
evidence
importantly
california
policy
preserving
breath
samples
without
constitutional
defect
whatever
duty
constitution
imposes
preserve
evidence
duty
must
limited
evidence
might
expected
play
significant
role
suspect
defense
meet
standard
constitutional
materiality
see
agurs
evidence
must
possess
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value
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destroyed
nature
defendant
unable
obtain
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evidence
reasonably
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neither
conditions
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facts
case
although
preservation
breath
samples
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respondents
defenses
dispassionate
review
intoxilyzer
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lead
one
conclude
chances
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samples
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accuracy
intoxilyzer
reviewed
certified
california
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health
protect
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brief
respondents
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california
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defender
association
et
al
amici
curiae
respondents
perfectly
capable
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issues
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resort
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samples
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faulty
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california
gives
drunken
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defendant
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process
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fourteenth
amendment
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law
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agencies
preserve
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results
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trial
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judgment
california
appeal
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
california
law
drunken
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choice
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either
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cal
veh
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west
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licenses
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california
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reply
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petitioner
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expressed
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respondents
trombetta
cox
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california
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federal
constitution
see
lauderdale
state
alaska
city
lodi
hine
justice
concurring
rules
concerning
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evidence
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federal
constitutional
law
see
augenblick
failure
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samples
render
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