Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Graham, 200 N.C. App. 204 (Oct. 6, 2009)
The trial court did not abuse its discretion by denying the defendant’s motion to bar the State from introducing forensic evidence related to his vehicle where the police impounded his vehicle during the investigation, but subsequently lost it. The State’s evidence suggested that soil from the defendant’s car matched soil where the victims were found. The State preserved the soil samples, the defendant had access to them and presented expert testimony that the soil was not a unique match, the defense informed the jury that the police lost the vehicle, and there was no evidence of bad faith by the police.