|
|
California v. Trombetta, 467 U.S. 479 (1984)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
California v. Trombetta, 467 U.S. 479 (1984)
JUSTICE O’CONNOR, concurring.
Rules concerning preservation of evidence are generally matters of state, not federal constitutional, law. See United States v. Augenblick, 393 U.S. 348, 352-353 (1969). The failure to preserve breath samples does not render a prosecution fundamentally unfair, and thus cannot render breath analysis tests inadmissible as evidence against the accused. Id. at 356. Similarly, the failure to employ alternative methods of testing blood alcohol concentrations is of no due process concern, both because persons are presumed to know their rights under the law and because the existence of tests not used in no way affects the fundamental fairness of the convictions actually obtained. I understand the Court to state no more than these well-settled propositions. Accordingly, I join both its opinion and judgment.
Contents:
Chicago: O'Connor, "O’connor, J., Concurring," California v. Trombetta, 467 U.S. 479 (1984) in 467 U.S. 479 467 U.S. 492. Original Sources, accessed April 25, 2024, http://www.originalsources.com/Document.aspx?DocID=16RE6N82NZR14LW.
MLA: O'Connor. "O’connor, J., Concurring." California v. Trombetta, 467 U.S. 479 (1984), in 467 U.S. 479, page 467 U.S. 492. Original Sources. 25 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=16RE6N82NZR14LW.
Harvard: O'Connor, 'O’connor, J., Concurring' in California v. Trombetta, 467 U.S. 479 (1984). cited in 1984, 467 U.S. 479, pp.467 U.S. 492. Original Sources, retrieved 25 April 2024, from http://www.originalsources.com/Document.aspx?DocID=16RE6N82NZR14LW.
|