The phrase “chain of custody” commonly refers to the proper preservation of tangible evidence that is used in trial. The burden is placed on the prosecution to show, every step of the way, that the evidence that is seized or taken is properly preserved. The prosecution needs to show that nobody was able to tamper with the evidence in any way. Some evidence must be preserved in refrigerator units or chemically preserved. Other types of evidence may need special attention so the evidence doesn’t decompose.

Some of the many types of evidence that police take into their custody include:

• Any drugs or drug paraphernalia taken to be used in case of drug possession, sale, manufacture, distribution, or other drug charges
• Any semen or blood that may be used in charges based on sexual crimes
• Photographs and videos that the prosecution wants to use to support a claim of damage to property or damage to a person for any other reasons
• The items taken from a store when someone is charged with shoplifting
• The results of any breath, blood, or urine tests taken after a driver is suspected of drunk driving or driving under the influence of drugs

The fundamental essence of the chain of custody doctrine is that the evidence that is submitted at an exhibit on the date of any hearing or trial should be exactly what it purports to be.

What happens when there is a break in the link?

Generally, the police initially collect the evidence. They then turn it over to the prosecution once formal charges against a defendant are charged. Any break in the chain of custody is the basis for a motion to suppress the evidence. If the break occurs early in the prosecution of the case, a skilled criminal defense lawyer will file a motion to suppress the evidence based on a break in the chain. If the break in the chain doesn’t become clear until later in the case, defense counsel will object to the introduction of the evidence at the trial of the defendant.

The defendant generally is not required to show that the evidence was tampered with or altered. If there was a reasonable possibility that it could have been tampered with, then the evidence should not be permitted.

For example, if a baggie contained illegal drugs or other controlled substance was seized from a defendant, the prosecution will normally need to show that:

• The officer who took possession of the drugs properly marked and identified it;
• The baggie did contain illegal drugs as determined by an approved testing procedure – normally through the testimony of the lab official who conducted the test; and
• The drugs and/or baggie examined by the expert was the same as that which was initially marked by the police officer.

The proper procedure for confirming the chain of custody for controlled substances is set forth in the Maryland Code – § 10-1002 – Chain of physical custody or control. There are separate laws for:

• Chemical test reports
• The presence of chemist or analyst at criminal proceeding and the availability of chemical reports to defense counsel
• The chain of custody of bodies through the testimony of morticians, medical examiners, and others

At Carey Law Office, we use every argument we can to help win your case. We fight to suppress illegally obtained evidence. We protect your Constitutional rights. Our experienced Bowie and Crofton defense lawyers fight to dismiss evidence if there was a break in the chain of custody. We hold the prosecution to its duty to prove each and every part of its cases beyond a reasonable doubt. When there are factual arguments in your favor we present testimony confirming those facts. For help with any type of criminal case, call us at 301-464-2500 or complete our contact form to make an appointment.