Justice Manual § 9-14.008

The DAG may grant or deny an exception as to one or more individual items of evidence in a case and not others in that case.

If the DAG grants the USAO’s appeal, the decision will be in writing and will cite the exceptions provided in 9-14.003 that justify the non-initiation of the seized evidence disposal process and the continued retention of the evidence.

If the DAG denies the USAO’s appeal to retain the evidence, the decision will be in writing and will explain:

1) that the exception(s) cited by the USAO are not among those described in 9-14.003; or

2) that the USAO has provided summary assertions in support of a valid exception; or

3) that the USAO has provided otherwise insufficient reasons to justify the applicability of a valid exception.

If the DAG denies the appeal, the seized evidence disposal process may commence immediately after the DAG’s decision is provided to the USAO and the SAC.

The DAG will electronically transmit the decision to the USAO and the SAC within five days after it is issued.

The DAG’s decision is final. No further appeal is available. However, if, after the DAG grants the USAO’s appeal to retain the evidence, the reasons set forth in the DAG’s written decision for continued retention of the evidence become inapplicable, the SAC may commence the seized evidence disposal process via the notice described in 9-14.004.