In some States, after a defendant has been charged, the prosecution is required to preserve evidentiary biological material for the purpose of DNA testing by the defense.

At times, the evidentiary biological material may be too minute to divide; it is good practice to consult with the laboratory on the feasibility of dividing the sample.

In States that require such, the government should inform defense counsel and seek the court's permission to consume the sample if there is no other option.

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