Digital Forensics Dispatch

Digital Forensics Blog
by Sensei Enterprises, Inc.

New Mexico House Passes Bill to Stop Police from Erasing Evidence

February 25, 2020

Russell Contreras of the AP reports that the New Mexico House has passed a bill to stop the erasure of evidence in police custody. The bill is aimed at fixing a bill passed in 2019 that requires law enforcement to wipe out some digital evidence. If the bill is signed into law, it would stop law enforcement from having to destroy seized electronic evidence that is obtained through a search warrant but not the target of an investigation. The bill, having passed in the House, is in the hands of Gov. Michelle Grisham, who is expected to sign the bill into law, where it would take effect immediately.

Under the current law, law enforcement has to wipe specific evidence after 30 days. The new bill allows for police to seal the seized evidence and then obtain a court order to use the evidence in another unrelated investigation.

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