Samek v. State

OPINION

GARRARD, Judge.

Steve Samek (“Samek”) appeals his convictions for burglary- and theft, claiming that the State’s failure to preserve an audio taped confession violated his due process rights.

We affirm.

PACTS

On May 22, 1997, tools were stolen from the toolshed of Robert Churchill.' Tire tracks from a three-wheeled vehicle led from the toolshed onto Samek’s property. Based upon this evidence, the Indiana State Police obtained a search warrant for Samek’s home. As the police were leaving after searching Samek’s home, Samek arrived at his home in a van driven by his houseguest, Douglas…