Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION TO PRESERVE EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

	Comes Now ***, the Defendant in the above styled and numbered cause and files this his/her motion seeking an order by the Court to require the __________ Police Department to not destroy certain evidence in this case and for cause would show the Court as follows:
	
	I.
The Defendant was arrested on ___________________, 200___, at about _______________ o’clock ___.m. by Officer ________________, Badge No. __________ of the _________________ Police Department.  The incident was given service/arrest/case number by the _______________ Police Department.  As a result of the arrest, the Defendant was charged with the offense of 
___________________, which is/is not pending before this court.
	
	II.
Officer _________________ of the ___________________ Police Department reported that at about _____ o’clock ___.m. on __________________, 200___, that     [set forth brief description of how property was seized]    .  The officer reports that the Defendant was placed under arrest for the offense of__________________.

	III.
The defense believes that there may have been radio traffic between Officer _____________’s squad car and the ______________ Police Dispatcher in relation to the apprehension of the Defendant.  In addition, the defense understands that records are kept of the use of onboard computers in squad cars and cell phones in squad cars.  Defense counsel understands that these records are kept only for a specific period of time, probably not more than thirty (30) days.  The 
reporting and arresting officer was _______________________, Badge No._________, of the ____________ Police Department.  The evidence that the Defendant seeks to preserve would have been generated between _________ o’clock ___.m. and _________ o’clock p.m. on _______________________, 200___.
	
	IV.
Defense counsel believes that the foregoing record keeping systems contain evidence that is relevant and possibly favorable to the defense.  Defense counsel believes that the foregoing evidence will be destroyed unless this court enters an order that the evidence be preserved for use in the trial of this case.  The Defendant requests that the court enter an order ordering the _____________ Police Department to preserve and not to destroy any recording of any radio transmissions to and from the aforesaid police officer or any other officers that participated in the aforesaid arrest; the “markout” logs of any arresting or participating officer in this case; the logs of the use of the onboard computer of each participating squad car; and the cell phone logs of the arresting and participating officer(s), for the period of time between __________ o’clock ___.m. and __________ o’clock ___.m. on  _____________________, 200___.  Defense counsel asks only that the Court order the preservation of the foregoing evidence until such time as the Court can determine whether such evidence is relevant and discoverable by the defense.

	WHEREFORE, the Defendant prays that the Court order Chief ___________________ and the _______________ Police Department to preserve, and not to destroy the evidence identified herein.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

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.]