The presumption favoring the disposal of seized evidence in closed criminal cases and the commencement of the seized evidence disposal process is subject to the following exceptions:

1) Investigative exception:

a) An applicable limitations period has not expired;

b) There is an open investigation relating to one or more uncharged suspects in the same case or a case related to the one in which the evidence was seized; or

c) The continued retention of the evidence is necessary or useful for any investigative purpose or for potential litigation in any court related to an open investigation.

2) Judicial exception: The evidence is currently subject to a civil or criminal preservation order entered by a court of competent jurisdiction. This exception shall not be used to circumvent the Department policy described in 9-14.002;

3) Legal exception: Federal law requires that the evidence be retained for a designated period of time that has not fully elapsed;

4) Historical preservation and training or research exception:

a) The evidence has historical value or significance; or

b) The evidence has value or importance for law enforcement training or scientific research.

A speculative possibility of future litigation relating to the case in which the evidence was seized is not a valid exception to the presumption favoring the disposal of seized evidence and the commencement of the seized evidence disposal process.

[added December 2020]