The USAO may either accept the SAC’s decision or appeal that decision to the Deputy Attorney General (“DAG”). The DAG, or a designee in the Office of the Deputy Attorney General (“ODAG”) acting on behalf of the DAG, shall consider and decide all appeals from a SAC’s decision to deny a USAO’s request to retain evidence.

A USAO’s appeal of the SAC’s decision to deny its request to retain evidence must be in writing and electronically transmitted to ODAG prior to the expiration of the fifteenth day after the USAO receives the SAC’s written denial of its appeal. The USAO shall concurrently provide an electronic copy of the appeal to the SAC.

A USAO’s appeal of the SAC’s decision must provide specific reasons why the evidence (either as individual items or as a whole) meets one or more of the exceptions described in 9-14.003.

In its appeal, the USAO must:

1) identify any applicable exception;

2) explain why the exception(s) apply(ies) to the evidence in the case; and

3) explain how the continued retention of the evidence will serve the purposes described in the cited exception(s).

Summary assertions that one or more exceptions apply are insufficient.

A speculative possibility of future litigation relating to the case in which the evidence was seized is not a proper basis for an appeal.

The seized evidence disposal process shall not commence until final resolution of the USAO’s appeal of the SAC’s decision.

[added December 2020]