Chain of Custody is The Unbroken Link to Every Investigation
By Derek Kreymer
In corporate investigations, legal proceedings or if you are a security a scene while waiting for police, evidence forms the foundation of any case. However, evidence becomes worthless if its integrity can be questioned. Chain of custody stands as one of the most fundamental yet often underappreciated aspects of any investigation.
What is Chain of Custody?
Chain of custody refers to the chronological documentation and paper trail that records the collection, handling, transfer, analysis, and disposition of evidence. Consider it a detailed biography of every piece of evidence from the moment it’s found until it’s presented in court or reaches its final disposition.
The chain of custody is the most critical process of evidence documentation. It is necessary to assure the court of law that the evidence is authentic, specifically, the same evidence seized at the crime scene. This documentation must account for every person who handled the evidence, when they handled it, why they handled it, and what they did with it. The process requires meticulous attention to detail and leaves no room for gaps or ambiguity.
The Foundation of Legal Admissibility
The primary reason chain of custody matters involves legal admissibility: without proper documentation, evidence cannot be admitted in court. The chain of custody is a recorded means of verifying where the evidence has travelled and who handled it before the trial. The reason for establishing a chain of custody is to prevent substitution of, tampering with, mistaking the identity of, damaging, altering, contaminating, misplacing the evidence.
When defense attorneys challenge evidence, one of their first lines of attack is often the chain of custody. A single missing signature, an unexplained gap in documentation, or an unclear transfer record can result in crucial evidence being deemed inadmissible. This can transform a solid case into a weak one overnight.
Protecting Evidence Integrity
Beyond legal requirements, chain of custody serves as protection against evidence contamination and tampering. Physical evidence can be fragile and susceptible to environmental factors, cross-contamination, or deliberate alteration. Proper chain of custody includes detailed documentation of storage conditions, handling procedures, and any changes to the evidence’s condition.
DNA evidence requires storage under specific temperature and humidity conditions. Blood samples can degrade without proper preservation. Digital evidence can be altered or corrupted without careful handling. Chain of custody documentation ensures that all necessary precautions were taken to maintain the evidence’s integrity throughout the investigation process.
Building Credibility and Trust
A well-maintained chain of custody does more than satisfy legal requirements—it builds credibility for the entire investigation. When investigators can demonstrate that they followed proper protocols and maintained meticulous records, it enhances the trustworthiness of their findings.
This credibility extends beyond the courtroom. In corporate investigations, insurance claims, or internal disciplinary proceedings, a solid chain of custody demonstrates professionalism and thoroughness. It shows that the investigation was conducted with high standards and that the findings can be trusted.
Real-World Consequences: Notable Cases
High-profile cases demonstrate the real-world impact of chain of custody failures. One of the most well-known cases involving problems with the chain of evidence was the O.J. Simpson murder case. At trial, several issues became evident, including: Roughly 1.5 ml of Simpson’s blood was mysteriously absent from a container; The blood was not immediately entered into the chain of custody, raising questions about evidence integrity.
The South Carolina Supreme Court has held that broken chain of custody for drug evidence requires reversal of conviction. In this case, gaps in documentation and testimony created reasonable doubt about evidence authenticity, resulting in conviction reversal despite the physical evidence being present.
These cases highlight how chain of custody failures can undermine even strong physical evidence, demonstrating why meticulous documentation is non-negotiable in criminal proceedings.
Common Chain of Custody Failures
Understanding where chain of custody commonly fails helps highlight its importance. Some frequent problems include:
Incomplete Documentation: Missing signatures, unclear timestamps, or vague descriptions of evidence handling can create vulnerabilities that opposing parties can exploit.
Unauthorized Access: When evidence is accessible to individuals who shouldn’t have contact with it, questions arise about potential tampering or contamination.
Storage Issues: Improper storage conditions can compromise evidence integrity, making the chain of custody documentation vital for proving that proper protocols were followed.
Transfer Problems: Unclear or undocumented transfers between investigators, laboratories, or storage facilities create gaps that can be challenged in court.
Digital Evidence Challenges: With increasing reliance on digital evidence, investigators must document not only physical handling but also digital processes, software versions, and analysis methods.
Best Practices for Maintaining Chain of Custody
Successful chain of custody management requires systematic approaches and attention to detail. Key practices include immediate documentation upon evidence finding, with investigators recording the exact time, location, and circumstances of collection.
Proper packaging and labeling ensure each piece of evidence is uniquely identified and protected from contamination. Secure storage facilities with limited access and environmental controls help maintain evidence integrity over time.
Clear transfer procedures require documentation every time evidence changes hands, including the reason for transfer and the condition of the evidence. Regular audits of evidence storage and documentation help identify potential problems before they become critical issues.
Training all personnel involved in evidence handling ensures everyone understands their responsibilities and the importance of proper procedures.
The Cost of Failure
The consequences of chain of custody failures extend far beyond individual cases. When evidence is deemed inadmissible due to poor documentation, criminals may go free, civil cases may be lost, and public trust in the justice system can be undermined.
In corporate settings, chain of custody failures can result in unsuccessful prosecutions of fraud, inability to recover losses through insurance claims, or failure to take appropriate disciplinary action against employees.
The financial costs can be enormous, but the cost to public safety and justice can be even greater.
Final Thoughts
Chain of custody may seem like bureaucratic paperwork, but it actually serves as the backbone of evidence-based investigations. It transforms physical objects and digital files into legally admissible evidence that can withstand scrutiny and challenge.
Every signature, timestamp, and documentation entry in the chain of custody serves a purpose: to ensure that justice is based on reliable, untainted evidence. In situations where the stakes of investigations can involve life and death, freedom and imprisonment, or millions of dollars, the chain of custody stands as a vital guardian of truth and justice.
For investigators, prosecutors, and anyone involved in the evidence process, maintaining an unbroken chain of custody isn’t just a procedural requirement—it’s a professional and ethical obligation to ensure that evidence speaks truthfully and justice prevails.
References
- National Institute of Justice. “Chain of Custody of Evidence.” NIJ Online Training.N
- Khajuria, H., & Mehta, R. (2020). “Chain of Custody.” In StatPearls. StatPearls
- Cecchetto, G., et al. (2023). “The Chain of Custody in the Era of Modern Forensics: From the Classic Procedures for Gathering Evidence to the New Challenges Related to Digital Data.” Healthcare, 11(6), 826. PMC10000967.
- National Institute of Justice. “Law 101: Legal Guide for the Forensic Expert – Chain of Custody.
- Criminal Legal News. “South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction.” January 17, 2019.
- Karen Read Trail
