Criminal Defense and the Chain of Custody

“Chain of custody” is a legal term that refers to the documentation of evidence in a criminal case. Chain of custody is used to prove that an item being introduced as evidence is what it claims to be. Chain of custody can become an issue in a criminal case when lawyers must address the admissibility of evidence. Chain of custody issues commonly arise in criminal cases involving allegations of drug crimes. They can also arise in drunk driving cases as a way to challenge the admissibility of evidence used to prove a driver was intoxicated.

Elmen Legal understands the importance of chain of custody in a Michigan criminal case. If you were charged with a crime, Michigan criminal defense attorney Robert Elmen will carefully evaluate the chain of custody in your case as part of his effort to obtain optimal results.

What Is Chain of Custody?

Every piece of evidence the prosecutor seeks to introduce in a criminal case must be supported by the chain of custody. Whenever evidence is collected or transferred, its movement must be documented with careful attention to procedural details to ensure it was not tampered with and that the evidence presented at trial is the same evidence that was collected at the scene of the alleged crime.

Before evidence can be admitted at trial, the prosecutor must prove that the evidence offered is the same evidence that was seized from the defendant and that there was no tampering or substitution of evidence.

For example, suppose police officers seized marijuana as part of a routine traffic stop. Before the evidence can be admitted at trial, the prosecutor must prove that the marijuana presented at trial is the same marijuana that was seized in the traffic stop. This ensures the evidence was not tampered with or substituted with marijuana from another drug bust. If the prosecutor cannot prove that the marijuana they wish to present at trial is the same marijuana that was seized in the traffic stop, the prosecutor cannot establish chain of custody, and the marijuana should not be introduced as evidence.

How Does a Prosecutor Prove Chain of Custody?

Chain of custody is the procedure for documenting, tracking, and protecting evidence to prove its journey from the scene of the alleged crime to the courtroom. The prosecutor must prove every link in the chain and show that the evidence has not been substituted or tampered with.

In a typical criminal criminal case, the chain of custody might look like this:

1. The police officer seized marijuana during a traffic stop and marked it in a way to distinguish it from marijuana seized in other cases.
2. The officer transported the evidence to the evidence room at the police station and checked it in.
3. The evidence was removed from storage and tested by a chemist to prove the substance was indeed marijuana.
4. The evidence was returned to storage when testing was complete.
5. The marijuana was removed from storage and transported to the courtroom for trial.

What Is the Importance of Chain of Custody in a Criminal Case?

Before presenting evidence at trial, the prosecutor must be able to prove every link of the chain. If the chain is broken, someone may have tampered with the evidence, altered it, or exchanged it with other evidence. The chain of custody prevents a judge or jury from convicting someone using faulty evidence, inaccurate test results, or evidence that was never at the scene of the alleged crime.

Challenging Chain of Custody

In a criminal case, it is usually the defense that challenges the chain of custody. An experienced criminal defense attorney can attack each link in the chain of custody, seeking to identify any irregularities or discrepancies in the timeline or documentation or challenging how the evidence was labeled, stored, tested, or transported. If the defendant successfully challenges the chain of custody by identifying a missing link, he can use those procedural errors to have evidence excluded and, ultimately, seek dismissal of the case.

A skilled criminal defense attorney will review the chain of custody and require that the prosecutor prove proper safeguards were in place at every link in the chain. Something as seemingly minor as a broken seal on the container where evidence was stored could be enough to prove that the chain of evidence was broken. In that case, the judge could declare the evidence inadmissible.

Get Your Criminal Case Reviewed by Elmen Legal

If you were charged with a crime, Elmen Legal can help. Attorney Robert Elmen will carefully analyze your situation, including a careful review of the chain of custody. If the chain is broken and law enforcement cannot prove where the evidence was at any time, Attorney Elmen can seek to have the evidence excluded, which could lead to dismissal of the case or a significant reduction in the charges and penalties you might face.

To learn more, call (734) 707-8915 or contact Elmen Legal today to schedule an appointment to have Attorney Elmen review your case.