Illinois v. Fisher, 540 U.S. 544, 2 (2004) (per curiam)

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Cite as: 540 U. S. 544 (2004)

Per Curiam

Per Curiam.

The Appellate Court of Illinois held here that the Fourteenth Amendment's Due Process Clause required the dismissal of criminal charges because the police, acting in good faith and according to normal police procedures, destroyed evidence that respondent had requested more than 10 years earlier in a discovery motion. Petitioner, the State of Illinois, contends that such a result is foreclosed by our decision in Arizona v. Youngblood, 488 U. S. 51 (1988). There we held that "unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." Id., at 58. We agree with petitioner, grant the petition for certiorari and respondent's motion for leave to proceed in forma pauperis, and reverse the judgment of the Appellate Court.

In September 1988, Chicago police arrested respondent in the course of a traffic stop during which police observed him furtively attempting to conceal a plastic bag containing a white powdery substance. Four tests conducted by the Chicago Police Crime Lab and the Illinois State Police Crime Lab confirmed that the bag seized from respondent contained cocaine.

Respondent was charged with possession of cocaine in the Circuit Court of Cook County in October 1988. He filed a motion for discovery eight days later requesting all physical evidence the State intended to use at trial. The State responded that all evidence would be made available at a reasonable time and date upon request. Respondent was released on bond pending trial. In July 1989, however, he failed to appear in court, and the court issued an arrest warrant to secure his presence. Respondent remained a fugitive for over 10 years, apparently settling in Tennessee. The outstanding arrest warrant was finally executed in November 1999, after respondent was detained on an unrelated matter. The State then reinstated the 1988 cocaine-possession charge.

545

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