Title: Preserving Evidence in Criminal Cases | Justia
Headings: Preserving Evidence
Preserving Evidence
Types of Evidence to Preserve
Motions to Preserve Evidence
Agencies Responsible for Preserving Evidence
Consequences of Losing or Destroying Evidence

Content: Agencies Responsible for Preserving Evidence
A private person or entity does not have an obligation to preserve evidence, unless they were formally working for or with a law enforcement agency. ( An example might be a scientific lab that is regularly retained by the prosecutor’s office to examine evidence.) However, most government agents have a responsibility to preserve evidence. These range from police and prosecutors to detectives and investigators working for the prosecutor’s office, administrative staff, and the Attorney General’s Office. The duty to preserve evidence starts as soon as the evidence is obtained and continues after a conviction to cover any exculpatory evidence that might assist a defendant in an appeal. Consequences of Losing or Destroying Evidence
A court will not sanction the prosecution on its own if the prosecution loses or destroys evidence. A defendant or their attorney will need to raise the issue. They will need to show that the government acted in bad faith in violating the duty to preserve evidence, and they also need to show that the evidence was material and exculpatory, such that their right to a fair trial was violated. If the defendant succeeds, the court might suppress the related evidence or limit testimony about it. In some extreme cases, the court might even dismiss the case.