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Question:
The Amarillo Police Department is in the process of microfilming their investigative reports, including witness statements. They hope to, then, be able to destroy the originals. The PD has come to us to ask us if we have any problems with their proposed "improvements." Obviously, we are a bit dubious over the prospect of destroying original documents. I'm sure other jurisdictions, especially the larger ones, have already switched to an all digital case file system. For those of you that have, what issues have defense attorneys raised, and what are your responses. (What about the best evidence rule?) Additionally, is there anything we should prevent them from destroying (a suspect's written statement comes to mind)? We appreciate any suggestions you can give us.

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Digitizing IRs

 
 
Posts: 4 | Location: Canyon, Texas USA | Registered: August 24, 2005Reply With QuoteReport This Post
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You should first think about the difference between reports and evidence. Any person's written statement, for example, is potentially a piece of evidence. A defendant's confession would certainly fall in that category. Separate laws deal with how long a police department must retain evidence. Retention laws deal with reports.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
<Dennis Foster>
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There is a section in the TX Govt Code that deals with records retention policies that you should maybe look at. Also, contact the Texas State Library for help.

http://www.tsl.state.tx.us/slrm/recordspubs/rrs2.html

Or call them at:

Records Management Assistance for Local Governments
State and Local Records Management serves almost 9,000 Texas local governments by providing training and consulting services in all aspects of records and information management.

telephone - 512-454-2705
 
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