Physical Handling of Evidence

To admit lawfully seized items in evidence at trial they must be authenticated. That is, it must be shown that they are what they purport to be. Sheer administrative convenience dictates that all evidence seized be tagged to indicate the following:

l Date and time of seizure

l Location of article when discovered

l Identification of person, if any, from whom the property was taken

l Name of person seizing evidence

l Name of suspect(s) against whom the evidence may be used

The problem in getting evidence admitted, then, is one of proving to the court that the evidence offered is precisely the same evidence as was seized. Dependent upon the characteristics of the evidence, in-court identification may be made by either of two means, and how you handle the evidence will depend on what method of in-court identification is contemplated.

If the evidence has a peculiar identifying feature, one familiar with that feature may identify the evidence by that feature in court. The use of a serial number to identify a typewriter is an example of this method of identification. Your sole concern with such evidence is to guarantee its presence in court, and this is done by providing physical security until the trial.

Evidence that does not have such an identifying feature must be treated with greater care. Suspected marijuana cigarettes are an example of this kind of evidence. To demonstrate that the proffered evidence is the same as that seized, the TC will have to show a chain of custody from the time of seizure until the time of trial. The TC will prove his or her evidence by calling a succession of witnesses beginning with the person who made the seizure and ending with the person who delivers the evidence to the court. Each witness will testify how he or she got the evidence; what, if anything, he or she did with it; and to whom he or she delivered it. The necessity of limiting access to the evidence and of keeping a record of those who have had control over the evidence is obvious.

RECEIPT.- The Evidence/Property Custody Document, OPNAV 5527/22, is used as the official record of receipt, chain of custody, and final disposition of items of physical evidence. The form normally is prepared with an original and three copies. Entries should be typed or printed in ink. The last or third copy is used as a receipt when evidence is received from an individual. The original and other two copies are presented to the evidence custodian who maintains the original and first copy. The second copy is returned to the investigator (master-at-arms [MAA] or Naval Criminal Investigative Service [NCIS]) for submission of the evidence for inclusion in the case file. An example of a completed evidence custody document is shown in figures 6-23A and 6-23B.

SAFEGUARDING.- Each individual in the chain of custody is responsible for the care, safekeeping, and preservation of items of evidence. Because of the sensitive nature of evidence, an evidence custodian assumes responsibility for the evidence when not in use by you or other competent authority involved in the investigation, such as the TC.

The evidence custodian must be a commissioned officer, warrant officer, or an enlisted person E-6 or

^{Figure 6-23B.}-Evidence/Property Custody Receipt, OPNAV Form 5527/22 (back).

above who is appointed in writing by the CO. The person appointed as evidence custodian should be available to receive and release evidence and attend to other administrative matters as required.

The criteria for appointment and duties of the alternate custodian are the same as those for the custodian. The alternate custodian should assist the custodian and be available when the custodian is not. The custodian and alternate should not be sent TEMADD at the same time or otherwise be absent from the job.