Preserving Evidence During a Police Employment Investigation

ADKINS&PURKEY RESOURCE LIBRARY · SEPTEMBER 23, 2026

Preserve broadly; collect lawfully

Employment disputes may involve notices, schedules, evaluations, messages, video, and versions of policies. Identify where each category is held and whether an automatic retention period applies. Preservation does not authorize an officer to export agency databases, copy confidential investigative files, or bypass access restrictions. Counsel can evaluate the need for a preservation request directed to the proper custodian. Your own relevant messages and documents should remain intact, including surrounding context that may be inconvenient or unfavorable.

Keep originals and explain the source

A screenshot can help locate a message, but the original conversation, attachments, and timestamps may tell a fuller story. Keep a simple inventory describing the record, date range, custodian, and how you obtained it. Do not annotate or overwrite the only copy. Federal Rule 37 addresses consequences involving lost electronically stored information in litigation; the duty and appropriate measures depend on the circumstances. Early organization helps counsel assess those issues before a retention cycle or device change creates a problem.

What to gather

• List relevant systems, date ranges, custodians, and known deletion schedules.
• Keep original files and complete message threads where lawfully available.
• Pause routine deletion of relevant personal records and seek preservation advice.

Can I delete a post because it makes the dispute look worse?

Do not alter or delete potentially relevant material to improve your position. Preserve the original and discuss appropriate handling with counsel. Privacy settings and public comments raise separate issues from preservation.