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: But if those notes contain exculpatory information, that information must be conveyed to the defense.) Emergency call recordings. Law enforcement typically must preserve and disclose 911 recordings (or transcripts of the calls) to the defendant. Who Has to Preserve Evidence? While the police typically collect most evidence used in a criminal case, they aren’t the only government actors who have to preserve evidence. The duty also extends to: Local, county, and state investigative agencies. These include not just detectives and investigators, but also administrative, clerical, and forensic staff. Prosecutors. The attorneys prosecuting the case have an obvious duty to preserve evidence, as do people acting under prosecutorial authority (for example, investigators or experts retained by the prosecutor’s office).