A friend has a case and the police are using shoe print evidenceWhen his attorney asked for expert reports the police said the electrostatic...

Question

A friend has a case and the police are using shoe print evidence

When his attorney asked for expert reports the police said the electrostatic impression that was lifted has disappeared from the Mylar lift .

I told him to be sure to have his attorney file a motion to dismiss or surpress because it could have been excolpotory evidence .

Am I carrect ?

Answer

Yes a motion to suppress/dismiss should be filed both for exculpatory evidence under Brady, but possibly state misconduct/negligence.