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: Tape recordings and videotapes. The police usually aren’t required to tape record statements of the defendant or witnesses. However, if they do make audio or video recordings of statements, they have to preserve them. Investigative notes. Most states require officers and investigators to preserve investigative notes only if they made them during an interrogation of the defendant. ( 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.