STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
____________ COUNTY FILE NO.
STATE OF NORTH CAROLINA,
vs. MOTION FOR PRESERVATION OF EVIDENCE
_____________,
Defendant.
_________________________________________________________
NOW COMES the Defendant, John Doe, by and through the undersigned counsel, ___________, Assistant Public Defender, pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, Article 1 §§ 19 and 23 of the North Carolina Constitution, Article 48 of the North Carolina General Statutes, and N.C.Gen.Stat. § 15A-501(6), and hereby requests that this Honorable Court enter an Order commanding all state and local law enforcement officers, employees, agents and/or attorneys involved in the investigation of the above-captioned matters to preserve and retain any and all evidence obtained in the investigation of these matters.
The Defendant further requests that this Honorable Court order all state and local law enforcement to release to the prosecution all materials and information acquired during the course of the investigation into these matters, pursuant to N.C.Gen.Stat. § 15A-501(6). In support of the foregoing Motion, the Defendant states unto the Court as follows:
Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law-enforcement officer…must make available to the State on a timely basis all materials and information acquired in the course of all felony investigations. This responsibility is a continuing and affirmative duty.
Upon motion of the defendant, the court must…make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term “file” includes…investigating officers’ notes…or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant.
6. In order, for the Defendant to be afforded his statutory right to inspect and copy all evidence under N.C.Gen.Stat. § 15A-903(a)(1), the evidence must be available to the Defendant for inspection.
7. In order to ensure all evidence is available and not inadvertently destroyed, the Court should enter an Order requiring law enforcement to preserve any and all evidence associated with these matters.
8. The interests of justice and the rights of the Defendant require the preservation of all evidence connected with these matters and, as such, the Court should enter an Order requiring that any and all evidence in these matters be preserved.
WHEREFORE, the Defendant respectfully prays unto this Honorable Court for the following relief:
2. That the Court enter an Order requiring all state and local law enforcement to release to the prosecution all materials and information acquired during the course of the investigation into these matters, pursuant to N.C.Gen.Stat. § 15A-501(6); and
3. For such other and further relief to which the Defendant may be entitled and which the Court may deem just and proper.
This the ________ day of __________ 20______.
By:___________________________
Attorney for Defendant
Certificate of Service
This shall certify that a copy of the foregoing Motion for Preservation of Evidence was this day served upon the District Attorney by the following method:
_____ depositing a copy hereof in a postpaid wrapper in a post office or official depository under the exclusive care, custody, and control of the United States Postal Service, properly addressed to Office of the District Attorney;
__X__ by personally serving the Office of the District Attorney via hand delivery (Assistant District Attorney _______________);
_____ by transmitting a copy via facsimile transmittal to the Office of the District Attorney; and/or
_____ by depositing a copy in the box for the Office of the District Attorney maintained by the Clerk of Superior Court.
This the _______ day of __________ 20_____.
By:___________________________
Attorney for Defendant
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
_________ COUNTY FILE NO.
STATE OF NORTH CAROLINA,
vs. ORDER ALLOWING DEFENDANT’S MOTION FOR
JOHN DOE, PRESERVATION OF ANY AND ALL EVIDENCE
Defendant.
____________________________________________________
THIS MATTER having come before the undersigned District Court Judge, presiding at the June 12, 2007 session of Criminal District Court for the County of Wake, pursuant to the Defendant’s Motion for Preservation of Any and All Evidence, which was filed on June 7, 2007;
AND THE COURT, finding that at the time this matter was presented to the Court, the State of North Carolina was represented by Assistant District Attorney ____________, and the Defendant was represented by ________________________;
AND THE COURT, after determining that it has jurisdiction over the subject matter and the parties, after considering the Defendant’s Motion, and after noting that the prosecution has no objection to the granting of the Motion, finds that the Defendant’s Motion for Preservation of Any and All Evidence should be allowed;
IT IS THEREFORE, ORDERED, ADJUDGED, and DECREED, that the Defendant’s Motion to Preserve Any and All Evidence is hereby granted in its entirety to the extent that it supports the discovery rules of the North Carolina General Statutes and the discovery requirements under the Constitutions of the United States and the State of North Carolina;
IT IS FURTHER ORDERED, ADJUGED, and DECREED that all state and local law enforcement officers, employees, agents, and attorneys involved in the investigation of the above-captioned matters shall preserve and retain any and all evidence in this case,;
IT IS FURTHER ORDERED, ADJUGED, and DECREED that all state and local law enforcement officers, employees, agents, and attorneys involved in the investigation of the above-captioned matters shall release to the prosecution all materials and information acquired during the course of the investigation into these matters, pursuant to N.C.Gen.Stat. § 15A-501(6).
This the ________ day of _____________ 20_____.
____________________________________
Presiding District Court Judge