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: The evidence that must be preserved is limited to evidence that would be both material and exculpatory. Evidence is material if it is relevant to an important issue in the case, and evidence is exculpatory if it supports a defense or tends to show that the defendant is not guilty of the crime. Types of Evidence to Preserve
One of the most common types of exculpatory evidence is evidence that supports an alibi. This could consist of any statements or materials that suggest that the defendant was not in the location where the crime was committed at the time that it was committed or otherwise could not have committed the crime. Other types of exculpatory evidence might consist of recorded statements of the defendant or witnesses, as well as recordings of 911 calls. 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.