January 26, 2007, 15:03
JASDestruction of evidence
Has anyone generated a written office policy on the destruction of evidence that they would be willing to share? Something that embraces CCP arts. 18.18, 18.19, 38.43, and anything else I might have overlooked?
JAS
January 26, 2007, 16:48
GGMr. J, If you'll call me monday I'll look at some materials I have that were prepared in contemplation of that.
January 27, 2007, 09:36
JohnRThe best policy might be staying out of the evidence possession business, if possible. While it may seem silly for officers to travel back and forth with evidence until it is admitted at trial, PD's have property rooms and infrastructure, while most DA's probably don't.
That was the policy in my old county, but stuff did accumulate and we were getting ready to purge . . .
I had had some luck just requesting agencies come back and get their stuff if we didn't need it.
January 27, 2007, 10:28
JBOur policy is that we don't hold original evidence. Must be a copy, including recordings.
We do hold evidence, temporarily, when a trial is pending, but that's it. Then it must go back to the PD.
January 27, 2007, 10:39
GGI thought you were seeking general guidelines for agencies to dispose of accumulated evidence, not for a DA's office.
I don't keep original evidence in my files either, be it written confessions or original dvd/video tapes. This has been a policy in both of the offices I have worked in.
Nonetheless, I'll holler at you Monday JAS in your new digs and see if what I have will help you.
January 28, 2007, 09:23
JohnRJB, do y'all have some sort of secure place to store stuff and your own custodian?
January 28, 2007, 17:02
JBWe have a secure storage room with access only by DA investigators, storing for the prosecutors only while in trial.
January 29, 2007, 08:16
JASGG, you called it. I am asking about requests from outside the office (agencies) to dispose of evidence. All the other replies make total sense though.
JAS
February 26, 2007, 09:16
JASGreg,thanks for the materials. Now I feel well-armed to face future issues.
JAS
February 26, 2007, 10:22
GGGlad the stuff helped, John. Sorry it took so long to get it out to ya.
March 01, 2007, 16:12
Stacey L. BrownleeHey Grego,
Will you send me the same info when you get a minute.
How could I say no to you? Email me your new addy, S!