People who have been charged with a crime have the right to expect that law enforcement personnel, prosecutors and others involved in their case follow the correct procedures. If they don’t, evidence (and potentially the entire case) can be thrown out.
The proper handling of evidence is key. Most people don’t see the evidence that’s being used to charge and attempt to convict them once it’s taken by law enforcement (if they even see that) until it’s presented in court.
During that time, what’s known as the “chain of custody” needs to remain intact. If it’s broken, the evidence can be considered compromised and therefore inadmissible.
Physical evidence can be anything from a bag of narcotics in a drug case to a folder or flash drive full of documents in a white collar case. Fingerprints, blood and other DNA evidence are often key to a criminal case.
How can the chain be broken?
To maintain an unbroken chain for this evidence, those who handle it need to ensure that it’s collected, handled, bagged, transported and stored correctly. There are numerous ways the chain of custody can be broken. Here are some common ways this can happen:
- Crime scene contamination — for example, if someone at the crime scene doesn’t wear shoe coverings or allows an unauthorized person into the area
- Improper handling – for example, if an officer handles evidence without clean, unused gloves
- Improper storage – for example, if evidence isn’t placed in an approved, sealed, tamper-proof bag
- Mislabeling or lack of labeling – for example, if the location where the evidence was found isn’t properly recorded.
These are just examples of the ways in which evidence can be compromised by a broken custody chain.
What if a break in the chain is found?
If the legal professionals representing a defendant can show that the chain of custody was broken, that evidence can be ruled inadmissible. They don’t have to prove that it was contaminated – only that it could have been contaminated or otherwise compromised.
Depending on how key the evidence is to the case, not being able to use it may or may not be enough to get a charge dropped or reduced. Identifying problems with the prosecution’s case is just one reason why it’s crucial for those facing a criminal charge to have experienced legal guidance.
