Module 2: Chain of Custody and Evidence Packaging - Part 1

Chain of Custody and Evidence Packaging

Introduction

  • Discussion of chain of custody and evidence packaging.

  • Importance of these concepts in the context of criminal investigations.

  • Noted as critical concepts that will be emphasized throughout the semester.

Chain of Custody

Definition

  • Chain of Custody: A written record required for every individual who possesses a piece of evidence.

  • Extends from the time of evidence collection at the crime scene until it is released by the court or returned to the submitting agency.

Process

  • Every transfer of evidence is documented with:

    • Date

    • Time

    • Name of the individuals involved

    • Signature or initials of transforming and receiving individuals.

Purpose

  • Ensures evidence remains within the control of a specified individual in a secure location at all times.

  • Prevents unauthorized alteration or tampering.

Evidence Bagging Practices

  • Preference for separate chain of custody records attached to each piece of evidence, rather than pre-marked bags.

  • A master chain of custody may be computerized for easy tracking within laboratories.

Typical Chain of Custody Flow

  1. Evidence is picked up by the collector at the crime scene.

  2. Document every transfer for responsible individuals in charge of storage.

  3. Evidence entrails to a locked evidence storage area.

  4. If sent to a crime lab, the evidence custodian checks it out from storage.

  5. When analyzed, it is checked out, signed for, and returned post-analysis.

  6. Evidence is ultimately returned to the submitting agency, stored securely until needed for court.

  7. In trial, attorneys sign out relevant evidence items.

  8. Post-trial, the judge orders evidence release.

Ensuring Chain of Custody Integrity

Best Practices

  • Limit the number of individuals handling the evidence.

  • Accurate logging of dates, times, names, and case numbers.

  • Immediate recording during interaction with chain of custody forms.

  • Match details from chain of custody documents to case reports.

  • Ensure evidence packaging is sealed correctly and obtain receipts upon transfer.

Challenges in International Settings

  • Investigation in non-US countries: collection and storage depend on the presence of trained personnel, e.g., scenes of crime officers.

  • Higher risks of cross-contamination if untrained individuals handle evidence.

  • Responsibility falls heavily on the investigator where there might be no specific agency to turn evidence over to.

Legal Ramifications

  • Flaws in chain of custody can lead to challenges in court; mishaps can discredit evidence and possibly derail a case.

  • Critical to maintain high standards and detailed records for every piece of evidence.

Evidence Documentation Forms

Chain of Custody Forms

  • Each evidence item requires its own chain of custody form generally including:

    • Item number

    • Description of item

    • Signature fields for individuals who relinquished and received evidence.

  • Flexibility to create custom forms as long as they incorporate vital information (name, case number, etc.).

Evidence Log

  • Used during evidence collection at the crime scene, includes:

    • Item number

    • Collection date and location

    • Person who collected the item

    • Detailed description and case number.

  • Properly design an evidence log to cover as many identifying aspects of the evidence as possible.

Evidence Packaging Considerations

Importance of Proper Packaging

  • Correct packaging preserves evidence integrity and can dramatically affect case outcomes.

Identifying Information on Packaging

  • Packaging should contain identifying details:

    • Short description of the item

    • Collection date, time and by whom

    • Agency identification (name or code).

  • Chain of custody documentation should be attached securely.

Preserving Evidence

  • Aim to protect evidence from damage, loss, or contamination.

  • Use appropriate packaging materials based on item requirements; items needing to 'breathe' (biological evidence) should not be placed in plastic.

Proper Packaging Techniques

Selection of Packaging

  • Choose packaging that fits the item size (avoid inappropriate sizes).

  • Commonly required materials include:

    • Clean, new paper or plastic evidence bags.

  • Avoid using previously used containers to prevent contamination risk.

Guidelines for Handling Biological Evidence

  • Biological items such as blood or fluid-stained items must be air-dried initially and stored in paper.

  • Plastic can be used temporarily for wet items; immediate transfer to breathable material is necessary after drying.

Special Considerations for Items

  • Packaging must prevent cross-contamination by separating multiple evidence pieces into individual containers.

  • Specific labeling for biohazardous materials, and indications on packaging regarding testing needs (e.g., fingerprints).

Sealing Evidence Properly

  • Use specialized evidence tape designed to indicate tampering easily.

  • Ensure that all sealed areas have signature crossovers indicating evidence integrity.

Biological Evidence Handling

Drying and Storage

  • Allow DNA swabs and biological fluids to air-dry before packaging.

  • Use suitable materials to secure the swabs during drying.

Individual Packaging for Biological Evidence

  • Every biological item must be stored in its own bag to preserve the condition and integrity of physical evidence.

Final Notes

  • Maintain strict adherence to proper equipment handling and evidence documentation to reinforce integrity throughout the investigation process.