CHAIN OF CUSTODY

LEARNING OBJECTIVES: Define chain of custody and determine who is responsible for the safekeeping of evidence. Describe the duties of the evidence custodian and identify the forms and records used to safeguard evidence.

The chain of custody begins when an item of evidence is collected by the security force member. Evidence will no doubt be passed from person to person and even activity to activity during the course of an investigation and subsequent adjudication. The written, chronological record of transactions of this type is the chain of custody. Each person who takes physical or even constructive control over evidence must be identified as a part of the evidence chain.

RESPONSIBILITY

Each individual in the chain of custody is responsible for each item of evidence to include its care, safekeeping, and preservation while under the individual's control. When the evidence is not in use by a competent authority, such as a trial counsel, the evidence custodian assumes responsibility.

EVIDENCE CUSTODIAN

The evidence custodian must be an experienced, credible member of the security force. The custodian and an alternate are appointed in writing by the commanding officer. The evidence custodian and, in his or her absence, the alternate should be available to receive and release evidence and attend to other matters relative to the administration of the command's evidence custody system. The custodian is responsible for ensuring the creditability of the entire evidence custody system through the impeccable accountability of each item of evidence in the system.

FORMS AND RECORDS

Management of the evidence custody system is accomplished with the use of various OPNAV forms specifically developed for that purpose. Now let's consider the required forms and records.

Evidence/Property Custody Document

The OPNAV Form 5527/22, Evidence/Property Custody Document, should be used to record all custody transactions from initial collection through final disposition. A properly maintained chain of custody will ensure continuous accountability. This form is hereafter referred to as the custody document. The OPNAV Form 5527/22 is illustrated in figure 17-1.

The custody document is prepared with an original and three copies. Entries should be typed or printed in ink. The form is normally prepared by the security force member who first collects the evidence.

The last, or third, copy is used as a receipt when evidence is received from an individual. The original and other two copies, along with the evidence, are presented to the evidence custodian, who maintains the original and first copy. The second copy is returned to the submitting security force member to be attached to the Incident Complaint Report (ICR).

Evidence Tags

A tag must be attached to each separate item of evidence by the collecting security force member for identification and control purposes. But when a number of items are collected as a single unit of evidence, such as a toolbox filled with tools, a single tag will suffice. A detailed listing of evidence items will be entered on the custody document. The OPNAV Form 5527/17A (card) or 5527/17B (sticker) should be used for this purpose. Both types of evidence tags are shown in figure 17-2.

Evidence Log

The Department of the Navy Evidence Log, OPNAV Form 5527/24, should be maintained by the evidence custodian and should be an accurate accounting of all evidence entered into the system. Evidence is entered into the log chronologically. The following information should be provided in the appropriate column:

1. Log number (Julian date-year-sequential log number)

Figure 17-2.-Evidence Tags (OPNAV Form 5527/17A and 17B).

2. Date and time received by the evidence custodian

3. Security force member submitting the evidence

4. Subject title (offense) (UCMJ ARTICLE)

5. Evidence description (identifiable but brief)

6. Stowage location

7. Temporary transactions

8. Permanent disposition

An example of a properly filled out evidence log is illustrated in figure 17-3.

All entries must be legible and be made in black ink. Errors should be single-lined-through and initialed by the evidence custodian. The evidence log and all supporting documentation must be retained for 5 years from the date of last entry.

Active and Final Disposition File

Evidence custodians will maintain an active and a final disposition file. The active file will contain the first copy of each custody document that represents items of evidence pending an active investigation or administrative or judicial proceeding. The final disposition file will contain the original and first copy of custody documents that represent items that no longer have evidentiary value and for which disposition authorizations have been received.