Fire/Arson Investigations : Fire/Arson Investigations
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Re: Destruction of notes and data
Posted by: Jim Mazerat (IP Logged)
Date: February 17, 2007 12:17PM
Lets be truthful, one of the main reasons for looking at a person’s field note is to evaluate his or her methodology for conducting the investigation, or find inconsistencies with the information contained in the field noted as compared to the report or testimony. We are looking for information to impeach this person as a witness.
How far do we go with this level of thinking? I could say the any alteration of the scene has the same affect as destroying the field notes. Should we then theoretically say the site must be kept untouched until all partied has a equal opportunity.
Some of the comments make it sound so wrong to transfer information from one media to another for the purpose of retention. This is more a personal or company policy and as long as there is no evidence something was intentional destroyed, I believe we should give the person the benefit of the doubt that all the information has been retained. As to the “what if” they did not how will we know, there is an appropriate time to ask that question. We can do this “what if” think forever.
Pat,
1. To my knowledge there is no way unless you keep a recorder for each case. If you transfer it then you no longer have the original.
2. I take it you do not do much work of the insurance industry when it comes to asking a person is the file closed. The person you are dealing with may have closed their work on the file but they do not have any idea of others looking or doing something with the file.
3. Again, in many cases, if not most, I have no idea and have not way to learn if the insurance company or attorney has closed their file.
4. Everyone would love to keep files forever, but you must agree this is not realistic for most investigators. Most companies do not keep files past three years now, and even the files they save are purged before they are saved.
5. Again, no answer possible.
As to the answer to your original question you use the word “destroy” and I use the term “transfer”. I do not believe transferring all information to another format is destroying the information just because I did not keep the original. The information is there for review until it is needed. What if I use some other format to archive the files and destroy the original paper information, would you have a problem with that?
How far do we go with this level of thinking? I could say the any alteration of the scene has the same affect as destroying the field notes. Should we then theoretically say the site must be kept untouched until all partied has a equal opportunity.
Some of the comments make it sound so wrong to transfer information from one media to another for the purpose of retention. This is more a personal or company policy and as long as there is no evidence something was intentional destroyed, I believe we should give the person the benefit of the doubt that all the information has been retained. As to the “what if” they did not how will we know, there is an appropriate time to ask that question. We can do this “what if” think forever.
Pat,
1. To my knowledge there is no way unless you keep a recorder for each case. If you transfer it then you no longer have the original.
2. I take it you do not do much work of the insurance industry when it comes to asking a person is the file closed. The person you are dealing with may have closed their work on the file but they do not have any idea of others looking or doing something with the file.
3. Again, in many cases, if not most, I have no idea and have not way to learn if the insurance company or attorney has closed their file.
4. Everyone would love to keep files forever, but you must agree this is not realistic for most investigators. Most companies do not keep files past three years now, and even the files they save are purged before they are saved.
5. Again, no answer possible.
As to the answer to your original question you use the word “destroy” and I use the term “transfer”. I do not believe transferring all information to another format is destroying the information just because I did not keep the original. The information is there for review until it is needed. What if I use some other format to archive the files and destroy the original paper information, would you have a problem with that?
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