Valenzuela v. State

The fact that the police returned to its owner a Jartran rental truck driven by and seized from the defendant did not, as the defendant suggests, constitute a failure to preserve evidence, entitling the defendant to a dismissal of the charges. First, the defendant was provided with the identification number of the truck and with the exertion of any effort could have located and examined the very truck. Second, in that the defendant’s avowed purpose in examining the truck was to aid him in cross-examining a police officer as to the officer’s ability to detect the odor of marijuana in the…