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.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
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: Featured In
TIME
USA TODAY
The New York Times
YAHOO! Finance
The Washington Post
Kiplinger
The Huffington Post
Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, IB Privacy Policy and Cookie Policy. Do Not Sell My Personal Information
7031 Koll Center Pkwy, Pleasanton, CA 94566
master:2021-05-03_12-09-18
The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions. This duty exists in order to protect a defendant’s rights to due process and a fair trial under the Sixth and 14 th Amendments to the U.S. Constitution. The duty relates to the requirement that the government disclose evidence it will use against the defendant at trial, as well as any evidence that is favorable to the defendant.