2017 IPG#30 (TROMBETTA-YOUNGBLOOD MOTIONS)

This 60 minute podcast covers five related topics.  First, it discusses the principles governing motions to dismiss based on the loss or destruction of evidence (Trombetta-Youngblood motions).  Second, it discusses how hearings on these motions should be conducted.  Third, it discusses what, if any, obligations exist on the part of law enforcement to collect evidence. Fourth, it discusses how prosecutors should respond to defense requests for examination and testing of evidence seized by law enforcement.  Fifth, it discusses the ability of the prosecution to comment on the fact that evidence was released to the defense for testing.   This podcast features San Francisco Assistant District Attorney Allison Macbeth, who co-authored the IPG memo accompanying the podcast.