Video Tapes, photographs and voice recordings provide a unique disposal problem. They give the viewer/listener a personal, next to "being there" awareness. It is not uncommon to hear of a story about problems with disposal. One agency had cut up photos, then placed them in a large dumpster waiting for the trash pickup. The dumpster was located on City property, kept closed and was surrounded by a chain link fence. The photos had been placed in the dumpster the day pickup was due. Several days later an irate father came in with some cut-up crime scene photos his energetic son had recovered from the dumpster and taped back together. Even though the father admitted his son had been trespassing, the City had to settle a costly legal action for "traumatic stress" the boy suffered as a result of the incident. Complete disposal of video tapes and photographs is essential to preserve the integrity of the agency, while reducing potential liability. Options for the disposal of tapes/photographs: Shredding - completely destroys the photograph. (Videos/cassettes may be destroyed in much the same manner by cutting the tape into small pieces). Possible problem: Only recommended for a high volume, high grade shredder due to the potential of jamming a low volume unit. Incineration: Completely destroys the photographs/tapes; can often be done as part of a narcotics burn (closed incinerators.) Possible problems: Beware of photographs burning cinders if done as part of an open burn. Dedicated burial: Landfills will bury records, photographs, tapes, etc. on site, while an agency witness looks on. Possible problems: Cost factor for designated burial charge. However, it can be very cost effective if a large number of records, etc. are done at the same time. Bio-hazardous evidence materials must be disposed of according to law, and as a rule, should never be buried as part of a dedicated disposal. Options for reusing of tapes: Demagnetizing: By far the most popular, erases tapes completely. Provides for reuse by agency. Possible problems: Takes time and special unit to erase tapes. Low quality tapes could inadvertently become part of the replacement tape system. Recording on low quality tapes can. damage/destroy equipment. Options for reusing photographs: Occasionally, academy instructors or other law enforcement agencies
will request copies of photographs for educational or anti-crime campaigns.
While the request is well intentioned, some states have permitted successful
lawsuits for stress when the photograph was recognized by a loved one of
the victim. In one instance, a California teenage drunk driver and two
friends died in a car accident in Alameda County. Photographs were requested
by an agency in Santa Clara County (20 miles away) for a "Don't Drink and
Drive" program. Both agencies were sued when a relative of the dead driver
recognized the car's license plate in the photo (no bodies were shown.)
If photos are to be released. strong guidelines are recommended. Copyright © 1999 International Association for Property and Evidence, Inc. Reprinted from the Evidence Log, Volume 1994, Number 1, Page 9 |
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