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Re: Destruction of notes and data -921 LEGAL CHAPTER REFERENCES
Posted by:
G Van Doren (IP Logged)
Date: February 20, 2007 10:46AM
"You asked "At this point should he be held responsible for no longer having the notes?"
The answer is that it all depends. There is not enough information in your hypothetical.
I am sure we have all heard and given that same answer more than once.
Nevertheless, here is the the best answer I can think of at the moment, and I reserve the right to think of others later if I want to.
As to your hypothetical. It seems to me that there are several alternatives available to an investigator who finds his or herself in the shoes of the hypothetical investigator. One option is to write several letters, if need be, to the client requestioning instructions as to the dispostion to be made of your case materials. If one receives no response to several (at least more than one) letters one might try again and add that should you not hear from them within so many days you intend to destroy your file and why. And then do it.
On the other hand one could simply send the case file to the client along with a cover letter telling them that you are turning over to it your entire file for preservation should they wish it to be preserved. It would be a good idea to let them know in the letter that they should treat the case file as though it is the only one in existence. One could document this the same as we do document evidence artifacts in our custody.
George