Title: Preservation of Evidence in Criminal Cases | Nolo
Headings: Preservation of Evidence in Criminal Cases
Preservation of Evidence in Criminal Cases
Law enforcement officers and prosecutors have a duty to preserve certain kinds of evidence. Learn what they have to keep, and what happens when they don't keep it.
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What Kind of Evidence Must Be Preserved?
Alibi evidence
Other kinds of evidence
Who Has to Preserve Evidence?
Private people exempted
What Happens If Evidence Is Lost or Destroyed?
Proving materiality
Proving bad faith
Remedies

Content: Other kinds of evidence
In many cases, law enforcement doesn’t have obvious alibi evidence, but it does have other kinds of material and exculpatory evidence. An example is evidence that impeaches the prosecution's witnesses or otherwise weakens its case. Such evidence may include: Crime scene evidence. Most jurisdictions have local and state rules about the collection and preservation of evidence at the crime scene, such as the murder weapon, blood samples, and photographs of the scene. Tape recordings and videotapes. The police usually aren’t required to tape record statements of the defendant or witnesses. However, if they do make audio or video recordings of statements, they have to preserve them. Investigative notes. Most states require officers and investigators to preserve investigative notes only if they made them during an interrogation of the defendant. (