The United States Supreme Court, as well as other courts, have pondered the extent to which due process requires law enforcement officers and prosecutors to preserve and disclose evidence favorable to the accused. From these cases emerges the rule that:

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The rule that emerges from these cases is that if a case is one in which the interests of justice clearly require it, the police and prosecutor have an obligation to preserve evidence that is favorable to the accused. This obligation arises even if the evidence is not material to the ultimate issue of guilt or innocence, but is merely relevant to the credibility of a key prosecution witness. The prosecutor also has a duty to disclose this evidence to the defense. However, the due process protection is not violated if an officer unknowingly destroys exculpatory evidence or if the evidence is not in the possession of the prosecutor. The prosecutor does not have a duty to routinely deliver his or her entire file to the defense counsel, but does have a duty to disclose exculpatory evidence. The defense counsel does not have an obligation to advise the prosecutor of evidence favorable to the prosecution.

The United States Supreme Court, as Well as Other Courts