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: It also might involve photographs, blood samples, and other tangible evidence from the scene of the crime. In some cases, law enforcement may need to preserve notes of their investigation, but this duty may extend only to notes that record an interrogation of the defendant. Motions to Preserve Evidence
A defendant may file a Motion to Preserve Evidence to examine or test evidence themselves. For example, a prosecution expert evaluates DNA evidence and concludes that the DNA matches the defendant. The defendant then asks the judge to preserve the DNA evidence so that the defendant may hire their own expert to conduct testing. 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.