Location of Samples in Postconviction Cases

Samples for testing in postconviction cases may be found in a variety of places. Places and persons to consider include:

  • Police department evidence or property rooms. Evidence is often found here if the evidence was never tested or it was sent to the State crime laboratory, which then returned it.
  • Prosecutor's office. Evidence is often found here when it has been introduced at trial.
  • State and local crime laboratories often will retain slides or other pieces of evidence after conducting testing. Laboratories usually will return to the police department the clothing and vaginal swabs that are introduced as exhibits at trial.
  • Hospitals, pathology departments, medical examiners' offices, clinics, or doctors' offices where sexual assault kits are prepared.
  • Defense investigators.
  • Courthouse property/evidence rooms.
  • Offices of defense counsel in jurisdictions that require parties to preserve exhibits produced at trial.
  • Independent crime laboratories.
  • Clerks of court.
  • Court reporters.
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