Evidence Viewing Procedures
The Clerk of Court will require a written request to view criminal evidence contained in the Clerk’s vaults at least 10 days prior to the requested viewing date.
Evidence Viewing Procedures
PROCEDURES FOR VIEWING CRIMINAL EVIDENCE AT MOORE JUSTICE CENTER, 2825 Judge Fran Jamieson Way, Viera 32940
1. The Brevard County Clerk of Court is charged with guarding the integrity of criminal evidence within its possession. We must treat criminal evidence contained within our office with the utmost security to maintain the integrity of the evidence and the chain of custody.
2. To insure that a request to view criminal evidence is properly completed, The Brevard County Clerk of Court will provide access to criminal evidence in a secured area at the Moore Justice Center upon reasonable request and opportunity for the clerk to review evidence for required redaction of non-public information.
3. The procedure for viewing criminal evidence is as follows:
a. Make a written request to the Clerk of Court. Your request should state with particularity any specific items of evidence you wish to view.
b. Provide several alternate times and dates that you are available for viewing the evidence.
c. Provide any special information such as your intent to bring cameras, crews etc. for the making of a separate record of the evidence that you may view.
d. Allow the Clerk at least 10 working days to respond. §119.07 (1)(c)(d) (e) and (f) Florida Statutes require the Clerk to respond to a request for public information and viewing of criminal evidence with reasons for any refusals, and in particular if there are any items that are under court seal or denied due to statutory exemption.
e. Allow sufficient time in your planning for the possibility that you may have to seek an order of the court to view certain items before access to that evidence is scheduled.
f. On the date and time scheduled, please plan to arrive at least fifteen minutes prior to the appointed time in order to clear the Court House Security timely.
g. You will be met by a Deputy Clerk who will escort you and your party to a secured viewing area.
h. You will be required to wear latex gloves for the handling of any evidence proffered to you by the evidence clerk.
i. In the viewing room, one of two deputy clerks will disperse each item of evidence to you for view and the other will log the evidence presented to you “out”.
j. BE ADVISED THAT DURING THE VIEWING OF THE EVIDENCE, YOU WILL BE SUBJECT TO SURVEILLANCE CAMERAS INSTALLED IN THE ROOM.
k. Once you have completed your viewing and photographing or recordation of the evidence, you will return each item to the designated deputy clerk who will log the item as “in” and will return it back into the containers of evidence for the case.
l. A deputy clerk will conduct you and your party from the secured area back to the lobby.
4. If your equipment set up and tear down will be extensive, you need to plan ample time for this part of the procedure. Also, be aware that a deputy clerk is required to be present with you and your party for the entire procedure.
5. You will be charged a fee for the services starting at the beginning of the second hour pursuant to §119.07(1) and (4) (d) of $15.00 per hour for each attending Deputy Clerk starting with the second hour of the viewing process, and copy fees of $1.00 per page following the first 5 copies of pages that are free. We will not charge any time our staff spends redacting evidence, only for time spent during case review beginning with the second hour. We will wait to hear from you before moving forward with the listing below.
6. A reasonable estimate of your clerk staff costs may at a threshold minimum be $60 for a viewing that typically lasts three hours involving 2-3 Clerk of Court personnel.
Please be advised that requests to view evidence presented on the same day as you wish to view that evidence may not be granted. There may be exceptions, but in general, no evidence will be retrieved for viewing from the vault except by pre-arrangement and payment of an estimated fee.
The Brevard County Clerk of Court thanks you for your consideration, attention and cooperation in this matter.