Some of the most useful evidence in a criminal case has the shortest life. Video is recorded over, accounts are deleted, vehicles are repaired, and memories fade. This is the checklist we work from at the start of a case.
What goes first
- Business surveillance video. Many systems record over themselves within days or weeks. Identify every camera near the scene and along the routes in and out.
- Doorbell and home cameras. Neighbors often have footage and do not know it matters. A door-to-door canvass finds it.
- 911 audio, dispatch records, body-worn and dash camera video. Retention periods vary from agency to agency, so request these early.
- Phone and cloud data. Texts, call logs, photos, location history and app data can be lost with a new phone or a deleted account.
- Social media. Posts, stories and comments can vanish in a day. Capture them with dates and the account they came from.
- Vehicle, ride-share and delivery records. These can place a person, or a car, at a specific time.
- The scene itself. Photograph and measure it before weather, repairs or cleanup change it.
- Witnesses. People move, change numbers and forget. Early interviews are the most accurate ones.
How to preserve it
- Have counsel send preservation letters to businesses, agencies and platforms as soon as possible.
- Follow up with subpoenas or public-records requests where they apply.
- Canvass in person. Camera owners respond better to a visit than to a letter.
- Record where each item came from, who collected it and when, so it can be used later.
The takeaway
Preservation is a race against the calendar. A defense team that starts in the first week has options that a team starting in the third month does not.
Phillips Private Investigations & Consulting Firm provides criminal defense investigation for attorneys and assigned counsel across Metro Detroit. Call 734-941-5200 for a free, confidential consultation.
