NOTICE TO RETAIN NOTES

     Deputy_________________ was interrogated pursuant to Government Code § 3303.  He/she has a right to obtain copies of any reports or complaints at the conclusion of the investigation. Reports include all materials including your raw notes.  I have noticed that you have tape recorded the interview and created raw notes.  San Diego POA v. City of San Diego, (2002) 98 Cal. App. 4^th 779, established that Government Code § 3303(g) requires the preservation and production of all material including raw notes that were obtained or created during the investigation.  Penal Code § 135.5 prohibits any destruction or concealment of investigation materials.

     Consider this notice a formal request under the authority of Government Code § 3303(g) and Penal Code § 135.5 to preserve any and all reports, materials and evidence, including raw notes, in the possession of your agency related to this investigation.

     This notice should be retained in the file with other investigative documents.

Date: ____________           Representative: