Feature Article

Don’t Break the Chain
By Jason A. Cherkas

A dreaded question for anyone involved with physical or electronic evidence during a trial is, “How do you know the item introduced as evidence is the same item used to commit the crime?” Evidence changes hands numerous times during an investigation. It is very easy to lose track of who has examined an item and when. Therefore, it is important to always accurately maintain a document known as a chain of custody.

A chain of custody is a document that shows the seizure, custody, transport, examination, and nature of both physical and electronic evidence. Any item obtained during an investigation should be treated as if it will be submitted for evidence. Therefore, it must have its own chain of custody to prove to the court that it is the same item as was recovered. A crucial piece of evidence can be deemed inadmissible by the court because a proper chain of custody could not be proven.

Physical evidence can be easier to maintain due to the fact that an item is found, bagged, tagged, and documented as it continues through the system. For electronic evidence, however, it can be more difficult to properly document the chain of custody due to the intangible nature of the items. Also, many people do not know how to handle electronic evidence correctly. This leads to evidence that is easy to taint or destroy simply by turning on or shutting down a computer. It is important to have a procedure in place to ensure the integrity of the information remains secure. This can be done by tracking who has access to view it.

A chain of custody document should remain with the evidence and contain the following pieces of information:

• The individual who gave authorization for the removal of the item from its original location
• The date and time the item was received (usually corresponds with the beginning of the investigation)
• A detailed description of the item
• A detailed log of each change of custody, including, but not limited to the date, who releases the item, who receives the item, and the purpose of the change

Staff participating in engagements involving physical or electronic evidence should receive proper training on the chain of custody form and procedures. This will make hearing the question, “How do you know the item submitted as evidence is the same item used to commit the crime?” a little more palpable in court.

For more information contact:

Jason Cherkas
jason.cherkas@hawcpa.com

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