chain of custody

Chain of Custody

It is absolutely crucial to make sure a clear chain of custody is maintained with your original files. Otherwise,

your evidence may be deemed inadmissible in court. Later allegations of improper care of evidence in a case

could lead to a guilty verdict being overturned on appeal.

Preserving Evidence

• Recordkeeping• Use of reliable tools• Evidence safekeeping• Work in isolation• Chain of custody

If you touch it collect it store it transfer it WRITE IT DOWN

Evidence management chain of custody is a process designed to protect the integrity of evidence and defend against allegations that evidence was tampered with or otherwise compromised. The integrity of evidence is maintained throughproper handling and is supported through documentation. Chain of custody documents the linkage of events from the time the evidence is collected, through when the evidence (or the data derived from it) becomes part of the record in legalproceedings, to the time of ultimate evidence disposal. A chain of custody record is maintained to provide a history of physical evidence transfer.

Important

Proper chain of custody procedures are not only part of accepted “good practices”for all case management; they are also extremely important in cases wherethe defense attempts to show “reasonable doubt” based on questions regarding theintegrity of the evidentiary samples.

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About where and how the object was obtainedIdentify the object by a serial number if a serial

number is on the object Identify the object based upon personal

knowledge and observations“If the evidence is not readily identifiable or is

susceptible to alteration by tampering, substitution, or contamination, the party must establish a chain of custody.”

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The Chain of Custody Requirement

To use physical evidence in a criminal or civil trail, the party offering the evidence has the burden of proving that the evidence is genuine and authentic.

If the evidence (such as fingerprints or illegal drugs) could be subject to alteration by tampering, substitution, or contamination, a chain of custody must be shown.

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The Chain of Custody Requirement (Cont.)

Chain of Custody: all persons who had possessions of the evidence must appear as witnesses to testify that the fingerprints or illegal drugs had not been tampered with, substituted, or contaminated while the witness had custody and control of the evidence.

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Situations Not Requiring a Chain of Custody

A chain of custody is not required if the object to be used as evidence is not subject to alteration by tampering, substitution, or contamination.

Obviously, chain of custody records may be very simple if only one or two individuals are involved with all aspects of sample management, or very complex if numerousindividuals and/or organizations are involved with the sample. While this paper describes a fairly elaborate and prescriptive set of chain of custody procedures (including use of sample tags, logbook entries, etc.), one must keep in mind that theprimary objective of chain of custody is simply to be able to control and account for access to the evidentiary samples, from the time that the samples are obtained untilthe case is closed and the samples are properly disposed of.

Field itemsField personnel are responsible for the custody of samples from the time thesamples are collected until the samples are relinquished, usually to a laboratoryrepresentative. After a sample is collected in the field:• Information about the appearance, physical characteristics, method of collection,type and number of sample containers, and the name(s) of the sampler(s) isrecorded in a field logbook. Any specific treatment of the samples, such as icingor adding preservatives, must also be documented in the field logbook.• Each sample and the source of the sample are photographed.• Each sample is identified with a uniquely numbered sample tag or label indicatingthe sample/station number, the case name, date and time of the sample collection,and the signature(s) of the sampler(s).

Sample tag information should be completed using a pen or marker with waterproof,non-erasable ink. The sample container should be placed into a tamper-evident bagor sealed with a tamper-evident custody seal.• Sample tag information should be completed using a

pen or marker with waterproof, non-erasable ink. The sample container should be placed into a tamper-evident bag or sealed with a tamper-evident custody seal.

Seal in the freshness and evidence

You gave it to me

When transferring custody of the samples, the person(s) relinquishing the samples as well as the person(s) receiving them, must sign, date, and note the time on theChain of Custody Record(s). Upon receipt of the samples, any abnormalities or departures from normal or specified conditions should be recorded on the Chain of Custody Record and/or in the principal analytical chemist’s laboratory logbook.The project leader should retain the copy of the Chain of Custody Record.

It may look like this

Send it out in the Courier

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Chain of Custody

• Documents evidence– Who collected it– Who received it– Who processed it– Who stored it

• Any break in the chain – the evidence can be excluded

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Chain of Custody

• Fill out form as much as possible before you place evidence inside

• Document in your narrative the “whos” even though it is on the form – Too much info is never too much!

• Keep records in your field notes as well

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Narrative Writing

• Think of an event from the last few weeks– Personal – Conversation involved – Places you went– Not a “big” thing• Not trying to impress

– Something to share, comfortable with all hearing about it

• Review the event in your mind completely

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Paperwork

• Each department has its own paperwork• Basics– Incident Reports– Narrative– Supplemental – Waivers - documents waiving of rights– Field Interview cards– Activity logs

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Paperwork

• Basics: Continued – Chain of Custody – Various arrest records– Property/evidence forms – Warrants: arrest, search– Use of force documentation

• Electronic formats are expanding– Laptops in most cars

How long do you keep it

• You need to follow the law on keeping the data

• But the rule of thumb is seven years after the fact

Because if you don’t this is where your case goes