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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 18, 2007 03:33PM
Steve:
Let me see if I can explain from the private perspective.
1. In a normal case there will be a subpoena issued for your file. It will be given to your attorney who will go through the file to see what he will allow to be produced and what he will not.
2. If you are designated as a consultant and you are not going to testify, legally they can prevent you from being deposed or any information in your file from being given to the other side.
3. In most states your license prevents you from disseminating information from the investigation to anyone other than your client without the permission of the client.
4. There is no reason to keep the handwritten notes after the report is prepared. There is no legal requirement for these notes to be maintained.
5. You are correct; the retention of field notes is presently a personal preference unless there is a policy on this topic from your employer.
6. As I pointed out, in the case of the United States vs. James Brown, the court ruled a typed statement explaining the contents of the notes was sufficient and the federal agent did not have to supply the original notes or testify as to the original notes.
7. In most case, these notes are used to find inconsistencies of information between the documents, even if the information is not germane to the case. It is a way to destroy the investigator’s creditability and not argue the facts of the case.
8. You will be attacked if you keep them or if you do not. When you can not attack the facts, then attack the person presenting the facts.
How this helps.
Jim