Gaining access to wreckage and property controlled by federal or state investigatory agencies can entail jumping through some bureaucratic hoops. If you are a lawyer or investigator seeking such access, the following tips may help:
- Some wreckage sites are controlled jointly by the federal government and local officials. Before you draft anything, determine which agency is actually in control of the site at issue.
- Wait a reasonable period following the disaster or accident. The government usually can claim an "urgent interest" in recovering bodies of the victims and clearing the site of unstable and dangerous wreckage. During this recovery phase, it is unlikely you will be granted access.
- Once the site or wreckage has been stabilized, proceed under the state or federal regulations governing access. For example, for National Transportation Safety Board-controlled sites, refer to 49 C.F.R. Chapter 8.