Motion to preserve evidence



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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Motion to Preserve Evidence was served upon the attorney for the State on ________________________, 200___.

____________________________________

Attorney for Defendant

Cause No. __________


STATE OF TEXAS § IN THE _______________ COURT

§

V. § COURT DESIGNATION



§

*** § _______________ COUNTY, TEXAS




ORDER TO PRESERVE EVIDENCE
Came on to be considered the Motion to Preserve Evidence of Defendant,

___________________. Upon consideration of the motion and the argument of counsel, the motion is GRANTED. It is ordered that Chief ____________________ and the ______________ Police Department shall preserve and shall not destroy the following material relating to the arrest of Defendant ______________________, for the time period of __________ o’clock ___m. to

_________ o’clock ___m. on ____________________, 200___. The evidence to be preserved is the following information from or relating to the arrest of the Defendant by _____________ Police Officer ____________________, Badge no. ________ and any other officer who participated in the stop and arrest of the Defendant, that resulted in service/arrest/case number ____________:

a. Recordings of communications between the officer and the police dispatcher;


b. The “markout logs” of when an officer signs off his radio and/or1 leaves his squad car and the returns and signs on;
c. The logs of the use, and the nature of the use of the on board computer in the squad car (commonly called MDT logs);
d. The logs, bills, or recordings of the use of any cellular telephone in possession of or used by said officer.
IT IS ORDERED that the above described evidence shall be preserved by a method and in a place to keep it from being damaged or altered and to preserve it for production and use in Court, if necessary.

It is so ORDERED.


Signed on ______________________, 200___.
____________________________________

JUDGE PRESIDING


[Note: Order must be personally served on chief of police or other responsible figure in order to be effective, binding and enforceable.]
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