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Evidence
"Chain of
Custody"
By Author of "Crime Scene Basics"
and "Getting Started"
Series
Captain Chuck
Mantkus
NRLO Director of Training
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Responsibility for Evidence (Written
Record - Continuity of Evidence - Maintaining the Chain of Custody
- Maintaining Admissibility - Chain of Custody
Exception)
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INTRODUCTION
It is hoped that
this information will give a better understanding of what takes
place and how an Officer may participate in a crime scene
investigation and search. The information is not intended to
teach any expertise in the various fields, but to give an idea
of what an investigator is doing during the crime scene
investigation. If you are interested in the investigative
field of Law Enforcement, you should consider attending training
specializing in photography, latent prints, plaster casting, scaled
drawings, blood stain interpretation and other specialized
fields.
Responsibility for
Evidence 
Responsibility
for evidence in a case does not end when it has been booked
in. Evidence must be identified later in court, perhaps months
or years later. You must be able to positively identify each
piece of evidence, discuss the circumstances surrounding its
findings, and accurately describe what happened to the evidence
since it was first found.
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Written Record
Required: This record starts with your
personal crime scene investigation notes. You must list each item
of evidence in your notes and indicate the name of the person to
whom you turned it over, along with the time and the date you did
so. Similar information must be included in your report of
your "crime scene" activities.
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Continuity of Evidence: At the time of the trial, the court will want to be
assured that the item submitted as evidence is the same as that
found at the scene. Therefore, the court will want to know
exactly what has happened to the evidence and in whose custody it
has been from the time it was found until it was presented to
the court. This process is termed "Chain of
Custody."
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Maintaining the Chain of Custody:
The Officer(s) who found, marked,
packaged, and booked the evidence will not be the only person to
handle it (Detectives, etc.). A record must be kept of all
these contacts. Your share of the record keeping is to keep
track of what happened to the evidence from the time you found it
until it left your custody. You must account for:
(A) Who found the
item? (B) Where was it
found? (C) When was it found
(time and date)? (D) Who recovered
and marked it? (E) Who transported
it? (F) When and where was it
booked (left your custody)?
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Maintaining Admissibility: The number of persons who handle an item should be
kept at a minimum, because every person who has handled the
evidence may be required to testify in court as to the condition
of the item when it left their custody. If evidence was, of
necessity, altered through analysis by someone, this evidence must
also be presented in court. In any case, the "chain of
custody" must not be broken.
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Chain of Custody Exception: Frequently it is necessary to mail an evidence
package to a regional crime laboratory for scientific
analysis. If one mails a package of evidence in a properly
sealed condition, and it arrives with the seal intact, the chain
of custody is considered to be limited between the mail Officer
and the receiving Officer. Testimony from postal officials
who handled the package would not be
necessary.
Crime Scene Evidence
Processing
Collection, identification,
treatment, and preservation of physical evidence are basic
investigative techniques. The collection or gathering of
physical evidence is usually accomplished through a search of the
crime scene.
Knowing how to properly conduct a crime scene search is as
much a Police skill as photography, fingerprinting, plaster casting,
etc. The Officer who does not know how to conduct a systematic
and thorough crime scene search is not fully equipped to discharge
his/her duties. A Police Officer should not approach the
search of a crime without the realization that the solution to the
crime could very well depend on what is found and how it is
processed. Teamwork and thoroughness are essential if you are
to succeed. Each participant in a crime scene search should be
in the proper frame of mind and willing to do his/her share.
Recognize the fact that the labors of all other participants could
be nullified by a half-hearted effort.
Let's take a look at what
steps must be taken in processing a crime scene. Of course,
each crime scene will be different and will call for different
approaches. Nevertheless, it is possible to point out general
principles which are always essential. The amount of time
spent on each step and in the detail may change with the
circumstances. First we must understand three
things:
1. Purpose of Search:
The proper organization of the search
depends upon a great many things. For example: The type
of scene, whether it's indoors or outdoors, upstairs or downstairs,
wet weather or dry weather, and crowded hotel lobby or a private
living room. It is impossible to establish iron-clad rules for
every situation. A proper search may involve one man or many,
depending upon the nature of the locale and of the crime
committed.
Criminal investigation is
concerned with both people and things. People commit crimes,
but they invariably do so through the medium of things. These
things involve physical evidence. In every case it is said
that the perpetrator either takes something identifiable with him or
leaves something at the scene, which could identify him. This
is not always true, but when it is, what is left or carried away is
called physical evidence. In this regard the investigator
should understand:
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What physical evidence
is
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How to collect, identify,
and preserve
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How to interpret the
information obtained.
2. Objective of Search:
The objective if the search is to obtain legally admissible evidence
establishing elements of a crime:
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That a crime
has been committed over which your Department has
investigative jurisdiction"
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The
identification of persons who committed the crime
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The
location, identification, and preservation of evidence to serve
each of the above-mentioned items.
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To prove who, what, when,
where, why, and how of the crime.
3. Legality of Search: Each Officer should be familiar with the laws of the
United States and of the state where he is assigned so that the
search will meet legal requirements. Legal searches are
conducted by:
Steps for Crime Scene Search
It must be
realized at this point that in most crimes there are multiple crime
scene locations. Crime scenes can be anywhere physical
evidence of the crime may be located such as: where the crime scene was planned, where the crime
was executed, and any place to which the suspect or the fruits of
the crime were transported. Here
again we get back to the who, what, when, why, and
how of the crime. Each of these multiple
scenes may require different types of legal requirements for
search. The legal requirement must be met in each case or the
physical evidence obtained may be inadmissible in
court. 
1. Receipt of the
Complaint: In almost every
instance, a successful search of the crime scene depends to some
degree upon the efficiency of the person who receives the
complaint.
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A record should be made of
the complaint: date, time, name, address, phone number, and
location of complainant.
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Obtain the specific
address or location of the site of the crime.
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Obtain sufficient details
as to who discovered the crime, when it was discovered, and
generally the type of crime involved.
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Instruct complainant that
the crime scene, including approaches, should remain protected and
untouched.
2. Dispatching Officer to Crime
Scene:
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The
Dispatcher should instruct the Officer proceeding to the scene to
protect same.
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The Officer dispatched to
the scene should note the time he/she received the call,
his/her location, and arrival time to the scene.
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While proceeding to the
scene, the Officer should be alert for suspicious persons or
vehicles which may have been described to the Dispatching Officer
by the complainant.
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When the Officer arrives
at the scene, decisions must be made based upon training received,
upon Department policy, and upon what is found at the
scene.
3. First Officer at the Scene of a
Crime:
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If there are
no injured persons, attention should be directed to the
identification of the type of crime involved in order to determine
the extent of investigation required. Of course, first and
foremost, attention should be directed toward the apprehension of
the person(s) who committed the crime.
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If a person has been
wounded, administer first aid and call for medical help.
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If a body is located at
the scene, notify the investigator or call for instructions
and notify the medical examiner. This should be
accomplished through Department Dispatch. Upon the arrival
of an Officer at a crime scene where deceased individuals are
present, the Officer should take personal precautions when first
entering the scene or during the investigation. The Officer
should wear protective gloves, eye shield, face mask, and foot
coverings. If the odor is exceptionally strong, wear two
masks sprayed with disinfectant. By rubbing a little Vicks
Vapor Rub on parts of the protective mask, you will find that it
helps a great deal.
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Detain all possible
witnesses. If they can't be detained, obtain their name,
address, and phone number.
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Protect the crime scene
from the contamination of other people. Call for assistance.
Use immediate available manpower on duty, and request
Reserve/Auxiliary assistance. This allows continuance of
Police services. If the scene is a dwelling or building,
close off immediate scene by locking the doors or gates. If
the crime scene is outdoors, establish protection about the
perimeter of the scene so that no unauthorized person may
enter. If possible, rope off the area immediately. The
scene should never be left unattended.
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Most crime scenes cannot
be protected indefinitely by one Officer. It is incumbent
upon the Officer arriving first to be certain that notice has been
given regarding adequate personnel to secure the
scene.
4. Officer in Charge:
Defining the responsibilities of the
Officer in charge depends on:
For an efficient operation,
there should be one Officer in charge. That Officer should be a
Senior Officer, have ability, tact, and be able to handle
men. In a large Department, the Officer in charge would be
more of a Director of activities rather than a participant in the
processing of the crime scene. The Officer in charge would
not take part in the actual search. It would be up to the
Officer in charge to assess the needs of the situation and assign
tasks to others. No Officers, witnesses, or any unauthorized
person(s) should be allowed to enter the crime scene area until it
is personally examined by the Officer in charge. The Officer
in charge should examine the scene with the view of
establishing the logical area and establishing the sequence of the
search. A sufficient number of Officers should then be
designated to guard and protect the scene.
A Department with 20 to 30
Officers might have to vary from the scenario because of the
availability of experience. The crime lab in your state is
available and will send teams to accomplish crime scene processing
when requested. However, the response time might be longer
than you can afford depending upon the physical evidence
available, upon the weather, or upon other
circumstances.
5. Planning Crime Scene Processing:
(The word processing is used instead of
search because the word process better fits the definition of what
is going on at the crime scene.) The responsibility of planning the crime scene
processing falls on the Officer in charge.
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The Officer in charge has
the responsibility to protect the crime scene.
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The Officer in charge has
the liaison functions - maintaining contact with the Department,
especially with the interviewing unit, and with representatives
from the news media who are present and who are interested in the
proceedings while looking for a story.
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The Officer in charge will
make a preliminary survey. This must be conducted in order
to obtain the overall picture of the scene. This helps in
organizing the search and in determining the limits of the area to
be searched.
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The Officer in charge will
determine the objectives of the search. This can be done
after the preliminary survey. The nature of the crime gives
a certain amount of direction in the search. For
example:
murder case - search for body or search for
weapon
auto crash - search for skid marks or tire tracks.
If the crime occurred in an area
containing thick brush, search for fibers and/or articles of
clothing.
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The Officer in charge will
make specific assignments. Personnel engaged in the search
should be given specific assignments. This assures complete
coverage, gives responsibility, and permits Officers with specific
abilities to perform in the specialties for which they have been
trained.
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There would be in most cases five major responsibilities
that must be accomplished and can be assigned by the Officer in
charge:
Recorder/Note Taker - This
person takes notes and records every significant item found at
the scene; keeps a running log of events; records each
evidence item (when found, where found, and by whom);
becomes a good second witness for evidence; and may be the
report writer.
Photographer - This person photographs the crime scene
before anything is disturbed. Following are some
things to remember if you are the
photographer:
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Numerous photos should be taken
including close-ups and various angle shots. Take shots
from all four directions if possible and from various
distances (20 to 30 feet, 5 to 10 feet, and closer).
Once the evidence is removed, it is too late to put the photo
in the proper element. Take lots of pictures, as many as
you need, plus one more.
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When taking crime scene photos, you must be interested
in field depth. For this type of picture, the less light
the better.
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There are various film speeds (ASA) that may be used in
photography which effect results. For instance, at
night the best film speed would probably be 100 ASA. Be
sure to know your camera and what it can do for
you.
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A tripod is a necessity for crime scene photography
especially when using a flash.
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Consider the use of color film if color contrast is a
factor in the evaluation of the evidence. Take one
picture as you see the evidence, and then add a ruler and take
another picture.
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On the back of each photo add the date of the
photo, name of the photographer, case number, and description
of the main item in the photo.
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Photograph each piece of evidence where it is found
before it is moved. Be careful not to obliterate
evidence while photographing it.
Chart or Sketch Officer - Prepares the sketch or chart which supplements
the photographs. A chart has a peculiar value over
photographs in that a chart includes only essential objects,
whereas a photo includes everything within
range.
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Chart Officer should be proficient in map making or
having received special instructions or
schooling.
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Objects found during the search should be recorded on
the charts in their proper place and with relation to fixed
objects appearing on the chart.
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When sketching a crime scene, it calls for a team of
three persons. One doing the actual sketch, one doing
the measurements, and one doing the recording of exact
location and relationship of pieces of evidence and the
surroundings.
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There are always two types of crime scene
sketches. A rough sketch made up by the investigator or
sketch man, and a finished sketch which will be presented to
the court. 
Fingerprint and Cast Officer - This may be handled by one or two Officers
depending upon the type of case and amount of fingerprinting and
casting necessary to process the scene.
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Area should be processed for latent prints, prior to
lifting. They should be photographed by the fingerprint
Officers.
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Area should be searched for impressions or markings on
the floor or in the soil. Photographs should be taken
prior to casting. Use a scale ruler beside the
impression to show relative size.
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When processing shoe or tire tracks, one should also
photograph with a scale ruler. Photograph the tracks as
found, cast the print, and diagram its location in
relationship with the surroundings.
Evidence Custodian -
Maintain custody of all items found by the searching
party. Make sure each item of evidence is properly
identified by the finder. Be professional - call things
what they are. An example: There are four parts to a
round of ammunition: the bullet, cartridge case, powder and
primer. When collecting such parts, label them what they
are. Another example: When processing a firearm as
evidence, pick the weapon up by the trigger guard and always
wear gloves when handling evidence. Always unload a
firearm as soon as possible, properly recording type and
location of each round of ammunition. Firearm
identification is positive evidence and must be handled with
care and protection. Ammunition is positive evidence and
each round of ammunition or any part thereof should be packaged
separately after it has been photographed as found. A
bullet alone can tell you the weapon caliber and the
manufacturer of the shell.
When handling evidence
which is secreted from the body such as: rape cases, cases
where there is blood and cases where there are other body
matter, always wear gloves when recovering evidence. Use self
protection from infection. Body secretion is
important evidence when handled properly. Blood can be
removed from a knife by using such items as distilled
water, and saliva when there is no other way. Any body
secretion should be air-dried when processing. For
example, if properly handled, blood can tell you the blood type,
enzyme determination and whether or not the person is
the secredure. 80% of the population are
secredures.
6. Responsibility of the Searching
Unit: Following the examination
of the crime scene for latents, toolmarks, footprints, fire
impressions, etc., as the case may be, the searching unit searches
the crime scene.
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Size of the
searching unit depends upon the crime scene problem, upon the
size of the crime scene, and upon the
terrain.
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Each Officer
should understand their job and be aware of the objective of the
search.
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Each Officer
should be acquainted with every important development that
has taken place. This is the responsibility of the Officer
in charge.
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Whenever an
article of possible significance is found, it should be
photographed, charted,and then identified by the finder.
At least two Officers should be able to identify
it.
7. Responsibilities
of Interviewing Unit: The
Officer assigned to the interviewing unit will interview all
witnesses as well as suspects at or near the crime
scene.
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They should be alert to
develop information as to events occurring prior to, during, and
after the crime for the purpose of determining avenues of
approach to the crime scene as well as avenues of
escape.
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Neighborhood inquiries
in the vicinity of the crime scene could develop information
concerning the identity of the person who committed the crime
and or the get-away route.
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Information obtained
from the interviews should be promptly channeled to the Officer
in charge so that it may be furnished to the search
party.
8. Proceeding with the Search:
Anything that bears a remote
significance to the case should be preserved. That which is
irrelevant today could be relevant tomorrow. A plan of
search should be formed so that it covers the entire area.
Searchers should be instructed not to pick up any item of possible
evidence value until that object has been photographed, charged,
identified, and recorded as to location.
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Indoor crime scene -
usually consists of searching one room which can be done by
fewer Officers:
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1. Protect the
premises by placing guards at the entrance and
exit.
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2. Preliminary
survey by Officer in charge.
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3. Photograph
and chart the scene.
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4. Process for
latent prints, footprints, marks, etc.
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5. Assign a
specific area to a particular individual
Officer.
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6. Search and
collect other evidence.
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Method of indoor
searching - the method of the search could be determined by the
objectives of the search. Follow a system and do not
depart from it.
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1. Clockwise or
counter-clockwise: One Officer goes clockwise while the
other Officer goes counter-clockwise, or both the same way
with one staying several feet behind the other Officer.
This insures double coverage.
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2. Zone
method: The area is divided into zones. Each
Officer is assigned a zone. After searching his
respective zone, the Officers change zones and continue
searching. In this manner each zone is covered by two
different Officers.
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Outdoor crime scene
search - this usually consists of searching a relatively large
area. Therefore, a greater number of Officers will be
needed. This is particularly true in a terrain search
where the object of the search is limited to one particular
thing such as a body or a weapon.
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1. Protect the
area
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2. Preliminary
search by Officer in charge
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3. Photograph
and chart. This may have to be delayed until the search
uncovers the body, weapon, or actual scene of the crime is
determined.
Good luck; and if you follow the rules and
use common sense, you will solve your crime
scene.
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NATIONAL RESERVE LAW OFFICERS
ASSOCIATION
P.O. BOX 6505 SAN
ANTONIO, TEXAS 78209
(210)
805-8917 FAX (210)
804-2463 |
