Defendant must show police acted in bad faith to prevail on claim that police improperly destroyed exculpatory evidence

DUE PROCESS/EVIDENCE United States v. Beckstead, No. 05-4178, ___ F.3d ___ (10th Cir. Sep. 5, 2007)(Utah). Appeal of convictions and sentence for attempting to manufacture methamphetamine and possessing pseudoephedrine, red phosphorus, and iodine with intent to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 846, and § 841(c)(1). HELD: Where police seized and immediately destroyed methamphetamine lab under standard department policy developed in response to danger posed by methamphetamine labs and associated chemicals, police deprived defendant of ability to challenge quantities of chemicals seized. Nevertheless, defendant was not deprived of due process because he failed to show that police officers acted in bad faith in destroying potentially exculpatory information. Read the opinion here.