I don't know if this post should be in the criminal section or the civil section but here goes: the recent television ads featuring the Rick Perry stop made me wonder what other jurisdictions are doing with DWI video tapes and how does that impact records retention schedules.
I used to try and copy each video that was submitted with each case but that task quickly became overwhelming in a one-man office. Now I hold the tape until disposition of the case then return it to the agency that made the arrest. I s this common pratice or do other prosecutors hold the tapes or copies thereof pursuant to some record retention schedule? It is my understanding that the agencies reuse these tapes, therefore, no copy exits 30-90 days past disposition of the case.
I apreciate this cite and the information it provides. Any thoughts would be helpful. I don't want a request for a tape to be made in the future and find out we all violated a retention schedule. My position as a Prosecutor's office is the tape belongs to the agency that made it. I am just holding them as a potential piece of evidence until disposotion.
Thanks
Michael Hartman, Scurry County Attorney

In Harris County, the arresting agency brings each and every DWI tape to our office - we keep them until the case is disposed of and appeals are exhausted.

I'm not sure how practical that is for a smaller office, but that's what we do. We require the agency to bring it when they file the charges.

We keep all of our tapes in a "video room" with a custodian responsible for providing access/viewing/copying to defense attorneys. Once the case is disposed of and there is no appeal, no motion for new trial, etc. then we destroy the tapes (or otherwise reuse them).

Thanks for the info. It sounds like we are doing the same thing so that makes me feel better.