CHAPTER 17 EVIDENCE CUSTODY

This chapter contains an overview of the handling of, packaging of, and caring for physical evidence. The requirements for evidence custody and control are covered in OPNAVINST 5580.1, the Navy Law Enforcement Manual.

PHYSICAL EVIDENCE

LEARNING OBJECTIVES: Explain the importance of physical evidence, and list and define the three general categories of evidence. State the guidelines used to evaluate and identify evidence.

Physical evidence is one of your most valuable assets in pursuing an investigation to a successful conclusion. It produces leads during the investigation and aids in establishing the guilt or innocence of an accused person in a judicial or an administrative proceeding. To achieve the maximum benefit from physical evidence, not only must you be skilled in collecting it, but you must know how to handle and care for it to preserve it for the development of leads, for laboratory examination, and/or for presentation in court.

Such handling and care involves (a) storing the evidence to retain the integrity of the item in its original condition as nearly as possible, (b) maintaining a chain of custody for the item to ensure responsibility and ensure its evidentiary value, (c)proper transmittal of the item to a laboratory for analysis, if necessary, and (d) disposition of the item when it is no longer of evidentiary value.

DEFINITIONS

Evidence is anything that tends to prove or disprove a fact in issue either directly or by inference. Evidence may be physical or testimonial. This section addresses _{only physical evidence.} Physical evidence is divided into three general categories:

Movable evidence- can be picked up at a crime scene or any other location and transported.

Fixed or immovable evidence- cannot be readily removed from a crime scene, because of its size, shape, or makeup (such as walls, telephone poles, and floors).

_{Fragile evidence-} is physical evidence that, if special care is not taken to preserve its state, can deteriorate to a point where it is no longer of evidentiary value. It is difficult to detect. It may be movable or immovable. A shoe print in the snow is actually immovable, but a cast of it can be taken and preserved so as to be admissible as evidence. Fingerprints can be lifted, photographed, or removed, whereas body fluids can be preserved in their natural state (or closely thereto).

EVALUATION

The question invariably arises as to whether an object is or is not evidence. You resolve this question by evaluating the object, circumstances, and conditions at the scene, supporting your decision with good judgment, common sense, and past experiences.

Ask yourself, does the object provide an insight into the execution of the crime? Might it link a suspect(s) to the commission of the crime? Will it establish one or more of the criminal elements that make up the legal definition of the crime being investigated? If the object has even the slightest potential of answering these questions, then it should be processed as evidence.

Two more points need to be considered: First, if in doubt about the evidentiary value of an object, process it as evidence. Second, collected evidence may not only prove guilt, but may also prove innocence.

IDENTIFICATION

The naval security force member who first receives, discovers, or recovers physical evidence must be able to authenticate the evidence at a later date. The ability to identify an object as being the specific one collected by the security force member and to attest to its condition or characteristics relevant to the investigation is paramount.

Correct identification of evidence is accomplished when the security force member who initially takes custody of the evidence promptly marks and tags the item(s) of evidence.

Evidence should be inscribed with the initials of the collector and military date and time. Place the marking so as not to (a) destroy any latent characteristics, (b)

Figure17-1.-Evidence/Property Custody Receipt (OPNAV Form 5527/22).

reduce the function of the object, or (c) devalue it.

Common sense and an understanding of how the object relates to the commission of the crime will dictate where and how to mark the evidence.

When an item of evidence cannot be marked without marring or destroying evidentiary characteristics, it is placed in a suitable container, sealed, and marked for identification. An evidence tag further serves to identify the evidence.