Examining Police Reports, Records, and Photographs in general

In general

Depending on the amount of evidence in the case, and on the relation between the investigative agency involved and the prosecutor's office, there may be a regular schedule of times during which the attorney may view records, real evidence, and photographs pertaining to the involved case.FN53 The best approach is to contact either the investigating police officer or the prosecutor in charge of the case to learn the informal procedures required for access to the evidence.

Frequently the attorney, investigators, and/or experts will be able to listen to tape recordings, view evidence in the police crime lab, and receive copies of statements, reports, and other documentary evidence. Unless the defendant establishes the inability to pay for such items and convinces the court to order that the state pay such, the costs of reproduction of evidence is borne by the defendant.

In examining the evidence, counsel should uncover gaps in the police investigation, and use these gaps to identify deficiencies in the prosecution's case.