Module 14 :: Postconviction
Topic 3 :: Legal / Procedural Issues
Locating Evidence (cont.)
Responsibility for the preservation and maintenance of physical evidence varies according to jurisdiction. The court can play a significant role in the search for evidence via court order or subpoena directing custodial agencies to search for physical evidence.
If evidence has been destroyed or cannot be located, this should be confirmed in writing by the appropriate authority. In many cases, while the original item of evidence may have been destroyed, extracts, glass slides, or cuttings may still be available for testing.