FBI Chain of Custody for FBI Chain of Custody for Laboratory Response Laboratory Response Network EmployeesNetwork Employees

Federal Bureau of InvestigationFederal Bureau of InvestigationSSA Lisa J. FerenceSSA Lisa J. Ference

Hazardous Materials Response Team UnitHazardous Materials Response Team Unit

ObjectivesObjectives

What is Chain of Custody?What is Chain of Custody? Why is it important?Why is it important? FBI investigations and evidenceFBI investigations and evidence Discovery and Federal Rules of EvidenceDiscovery and Federal Rules of Evidence Where does FBI Chain of Custody start and Where does FBI Chain of Custody start and

stop?stop? LRN Chain of CustodyLRN Chain of Custody Hazardous materialsHazardous materials Helpful hintsHelpful hints Case studiesCase studies

What is Chain of Custody?What is Chain of Custody?

““The order of places where, and the The order of places where, and the persons with whom, physical persons with whom, physical evidence was located from the time evidence was located from the time it was collected to its submission at it was collected to its submission at trial.”trial.”

- Webster’s New World Law Dictionary © 2006- Webster’s New World Law Dictionary © 2006

Chain of CustodyChain of Custody Written, chronological record of Written, chronological record of

transactions from when the evidence is transactions from when the evidence is collected during an investigation through collected during an investigation through the subsequent adjuctication.the subsequent adjuctication.

Also identified on FBI form as:Also identified on FBI form as: General, drug, valuableGeneral, drug, valuable Batteries, biohazard, computer, FGJ, firearmsBatteries, biohazard, computer, FGJ, firearms Hazmat, latents, refrigerate, requires chargingHazmat, latents, refrigerate, requires charging Other, NoneOther, None

Firearms must be cleared by a Primary Firearms must be cleared by a Primary Firearms Instructor, secured with slide or Firearms Instructor, secured with slide or cylinder locked open, and transported cylinder locked open, and transported separately from ammunition and separately from ammunition and magazines.magazines.

Why is it Important?Why is it Important?

Elements of a crime used in court for Elements of a crime used in court for convictionconviction Subject confessionSubject confession Victim or witness statementsVictim or witness statements Physical evidencePhysical evidence

Ensures alleged evidence is related to alleged Ensures alleged evidence is related to alleged crime, not “planted”crime, not “planted”

Demonstrates care, safekeeping, preservation Demonstrates care, safekeeping, preservation of evidenceof evidence

Avoids allegations of tampering or misconductAvoids allegations of tampering or misconduct Avoids having evidence declared inadmissibleAvoids having evidence declared inadmissible

FBI Investigations and EvidenceFBI Investigations and Evidence

Where does FBI evidence come from?Where does FBI evidence come from? Public health and safety incident that Public health and safety incident that

becomes a FBI hazmat crime scenebecomes a FBI hazmat crime scene Clinical specimens that become part of Clinical specimens that become part of

an investigationan investigation Victim or witness – Public safety or FBI Victim or witness – Public safety or FBI

casecase Subject of case unknownSubject of case unknown Type of evidence unknownType of evidence unknown No or little investigation conducted yetNo or little investigation conducted yet

Subject of FBI caseSubject of FBI case Warrant, consent, inventory search Warrant, consent, inventory search Subject of case suspectedSubject of case suspected Known or expected hazardsKnown or expected hazards Investigative information on case existsInvestigative information on case exists

Federal Rules of EvidenceFederal Rules of Evidence

Rule 402Rule 402 All relevant evidence is admissible. Evidence All relevant evidence is admissible. Evidence

which is not relevant is not admissible.which is not relevant is not admissible. Rule 403Rule 403

Although relevant, evidence may be Although relevant, evidence may be excluded if its probative value is … excluded if its probative value is … outweighed by the danger of unfair outweighed by the danger of unfair prejudice, confusion of the issue, or prejudice, confusion of the issue, or misleading the jury, or by … undue delay, misleading the jury, or by … undue delay, waste of time, or needless presentation of waste of time, or needless presentation of cumulative evidence.cumulative evidence.

DiscoveryDiscovery

Pre-trial procedure by which one party Pre-trial procedure by which one party gains information from another.gains information from another.

In criminal cases, it’s reciprocal.In criminal cases, it’s reciprocal. BradyBrady material is evidence known by the material is evidence known by the

government that speaks to the guilt or government that speaks to the guilt or innocence of the defendant.innocence of the defendant.

GiglioGiglio material refers to information that material refers to information that discredits the character or testimony of discredits the character or testimony of the prosecution’s witnesses.the prosecution’s witnesses.

JencksJencks material refers to statements material refers to statements made by government witnesses prior to made by government witnesses prior to trial.trial.

Where does FBI Chain of Where does FBI Chain of Custody start?Custody start?

At crime scene when evidence is collectedAt crime scene when evidence is collected For hazmat, in cold zone after deconFor hazmat, in cold zone after decon Documented with: Documented with:

Photographs before collection, with and without a Photographs before collection, with and without a scalescale

Evidence Recovery LogEvidence Recovery Log Package labeling – No samples should be given Package labeling – No samples should be given

prioritypriority

Where does FBI Chain of Where does FBI Chain of Custody stop?Custody stop?

When it’s turned over to a non-FBI entityWhen it’s turned over to a non-FBI entity State or local Law Enforcement Agency for State or local Law Enforcement Agency for

transportation (non-JTTF)transportation (non-JTTF) LaboratoryLaboratory United States Attorney’s Office for trial prepUnited States Attorney’s Office for trial prep

Exchange of paperworkExchange of paperwork Copy of Chain of CustodyCopy of Chain of Custody Receipt of PropertyReceipt of Property

Limit and track access to evidenceLimit and track access to evidence Identify secure evidence storageIdentify secure evidence storage Maintain original Chain of Custody with Maintain original Chain of Custody with

exam notes according to internal policyexam notes according to internal policy Through the Appellate process of caseThrough the Appellate process of case

FBI should receive a copyFBI should receive a copy Maintain shipping and transport recordsMaintain shipping and transport records Discoverable in courtDiscoverable in court

LRN Chain of CustodyLRN Chain of Custody

WMD Hazardous MaterialsWMD Hazardous Materials

Threat Evaluation ProcessThreat Evaluation Process Comprehensive process to determineComprehensive process to determine

Technical feasibilityTechnical feasibility Behavioral resolveBehavioral resolve Operational practicalityOperational practicality

Credibility generates responseCredibility generates response FBI Case AgentFBI Case Agent HMRT Team membersHMRT Team members FBI Laboratory Supervisory Special Agent, Hazmat FBI Laboratory Supervisory Special Agent, Hazmat

Officer, and FBI SME ScientistOfficer, and FBI SME Scientist Process continues through search, evidence Process continues through search, evidence

collection, packaging, and transportationcollection, packaging, and transportation

WMD Hazardous MaterialsWMD Hazardous Materials

Detection and MonitoringDetection and Monitoring Safety of personnelSafety of personnel Appropriate Personal Protective EquipmentAppropriate Personal Protective Equipment Basic physical properties of unknownBasic physical properties of unknown Appropriate packaging of samplesAppropriate packaging of samples

Presumptive Field TestsPresumptive Field Tests Minimal for FBI due to requirements of Minimal for FBI due to requirements of

laboratory analysis for investigation and laboratory analysis for investigation and prosecutionprosecution

More extensive for Public Safety and First More extensive for Public Safety and First Responder communities that may handle Responder communities that may handle samples first samples first

WMD Hazardous MaterialsWMD Hazardous Materials

Storage at FBI Field Office not allowedStorage at FBI Field Office not allowed Short term storage allowed at a FBI offsite i.e. Short term storage allowed at a FBI offsite i.e.

garage within secure perimetergarage within secure perimeter Case-by-case basisCase-by-case basis With approval of FBI Laboratory Hazmat With approval of FBI Laboratory Hazmat

OfficerOfficer Only if no other options availableOnly if no other options available

Analyzed for bio before FBI Laboratory Analyzed for bio before FBI Laboratory delivery for traditional forensic examsdelivery for traditional forensic exams Do not send evidence directly to the FBI Do not send evidence directly to the FBI

LaboratoryLaboratory

Subdividing and Secondary Subdividing and Secondary EvidenceEvidence

Evidence item numberEvidence item number Original evidence plus .1, .2, etcOriginal evidence plus .1, .2, etc Subdivision of item 1 becomes 1.1Subdivision of item 1 becomes 1.1 Note on existing Chain of CustodyNote on existing Chain of Custody Initiate new COCInitiate new COC

Store primary evidence so secondary Store primary evidence so secondary can be recreatedcan be recreated

Helpful HintsHelpful Hints Use clean workspace, change gloves for each sceneUse clean workspace, change gloves for each scene Avoid opening evidence through contributor sealsAvoid opening evidence through contributor seals Re-package evidence the same as initially receivedRe-package evidence the same as initially received

Do not package evidence together unless received that Do not package evidence together unless received that wayway

Retain all evidence packagingRetain all evidence packaging If possible, separate a powder from the threat letter If possible, separate a powder from the threat letter

and package and label accordinglyand package and label accordingly Don’t retain laboratory tools or suppliesDon’t retain laboratory tools or supplies

Gloves, paper towels, forcepsGloves, paper towels, forceps Ensure liquids are in a leak-proof containerEnsure liquids are in a leak-proof container Make note if substance consumed during testing or Make note if substance consumed during testing or

if no substance was foundif no substance was found Avoid refrigeration of latent print evidenceAvoid refrigeration of latent print evidence Liaison and pre-planningLiaison and pre-planning

Case Study 1Case Study 1

During a routine search of a vehicle at a During a routine search of a vehicle at a Canadian border crossing, items were Canadian border crossing, items were discovered in the trunk of a car, including discovered in the trunk of a car, including culture material and a suspected delivery culture material and a suspected delivery system. Laboratory test results confirm system. Laboratory test results confirm Yersinia PestisYersinia Pestis. The vehicle driver was . The vehicle driver was arrested and indicted for possession of a arrested and indicted for possession of a biological agent. This case is going to trial biological agent. This case is going to trial and you are a witness for the prosecution.and you are a witness for the prosecution.

Are you comfortable testifying that there Are you comfortable testifying that there was no break in Chain of Custody while the was no break in Chain of Custody while the evidence was in your possession?evidence was in your possession?

Case Study 2Case Study 2

A search warrant is executed in an FBI A search warrant is executed in an FBI investigation that involves a subject allegedly investigation that involves a subject allegedly producing ricin. The subject shares an producing ricin. The subject shares an apartment with two other roommates as well apartment with two other roommates as well as a storage unit elsewhere. Evidence is as a storage unit elsewhere. Evidence is collected and packaged from all three collected and packaged from all three residents and the storage unit, and residents and the storage unit, and transported to your laboratory for analysis.transported to your laboratory for analysis.

Do your laboratory procedures ensure that Do your laboratory procedures ensure that similar evidence collected at various locations similar evidence collected at various locations on same case is not cross-contaminated?on same case is not cross-contaminated?

Case Study 3Case Study 3

A white powder letter with an A white powder letter with an articulated death threat is delivered articulated death threat is delivered via U.S. mail to a Federal Judge. The via U.S. mail to a Federal Judge. The evidence must be screened for evidence must be screened for biologicals at your laboratory before biologicals at your laboratory before being sent to the FBI Laboratory for being sent to the FBI Laboratory for further forensic analysis.further forensic analysis.

Do your laboratory procedures Do your laboratory procedures protect other forensic evidence like protect other forensic evidence like latent prints, hairs, or fibers?latent prints, hairs, or fibers?

Questions?Questions?

FBI Laboratory Evidence Control Unit

703-632-8360