Chapter 5: Identifying and Preserving Evidence

4 Essential Parts of a Chain-of-Custody Form

1. Case number 2. Description of the article being transferred 3. The date and timed signature, print name of the person releasing the article, and the agency they represent 4. The dated and timed signature and printed name of the person receiving the article, and their agency

Exemplar

An original item of evidence that serves as a model or example.

Evidence

Any material that contributes to the cause and manner of death and is considered important in supporting the facts of the case.

Partial cremains were recovered from a local funeral home. Which of the following would be the best evidence to collect for DNA testing to establish identification? A. implants B. partial femur bone C. ash D. jewelry E. tissue from pelvis

B. partial femur bone

When packaging items for the laboratory, you should A. use standard-size containers. B. place items in separate packages. C. place items from the same location in the same package. D. place like items in the same package. E. use plastic to preserve biological evidence.

B. place items in separate packages.

After you have completed an investigation at a private residence, the family calls your office to report the theft of personal property from their residence. How should you handle the situation? A. Adamantly deny the theft of personal property. B. Place blame on the first responders. C. Refer the caller to your immediate supervisor. D. Fax a copy of the property receipt to the family. E. Refer the caller to the family's funeral director.

C. Refer the caller to your immediate supervisor.

All of the following are considered common errors investigators make when collecting evidence EXCEPT which one? A. Removal of evidence before photographing. B. Not collecting enough evidence. C. Not collecting a standard of comparison. D. Collecting too much evidence. E. Not recognizing evidentiary value.

D. Collecting too much evidence.

Regarding chain of custody of evidence, all of the following are correct EXCEPT A. the chain should be kept to a minimum. B. the chain must not be broken. C. the chain is really a "paper" trail of documentation. D. the chain is unbroken even when evidence is lost. E. if not properly maintained, an item may be inadmissible in court.

D. the chain is unbroken even when evidence is lost.

Chain of Custody

Documentation of the accountability for property or evidence, which allows one to trace the individuals who have had possession of it, the date and time of transfer, and where the material was secured while in those individuals' or agencies' custody.

Physical Evidence

Evidence recovered from the body and the scene, or during the autopsy.

True or False: When collecting or shipping evidence, each item does not need to be in individual bags.

False, each item should be wrapped or collected and sealed separately. Each should be secured with special evidence security tape.

True or False: It is ok to leave evidence on a countertop and unattended, especially if it is only for a few minutes.

False, never leave evidence out on a countertop, in an unlocked drawer, or unattended.

True or False: The evidence on the body can be removed while being transported to the morgue.

False, the evidence on the body should remain in its original position an be protected while the body is being transported to the morgue.

What should you do with a firearm evidence?

Firearms should be unloaded and made safe for those who will be handling them.

Common types of evidence

Ligatures Weapons Ammunition Medication Illicit Drugs/Paraphernalia Suicide notes

Personal Property

Property on or near the body that belongs to the decedent and can be returned to the NOK.

4 Issues of Evidence

Recognition Collection Packaging Storage

When shipping evidence, how can you avoid contamination?

Shipping containers should be sealed and clearly marked "EVIDENCE". Affix copies of the request for examination in an envelope to the outside of the shipping container to allow for inspection without breaking the evidence seal.

How do you protect hands of gunshot victims?

The hands should be placed in paper bags to protect them from contamination and to prevent the destruction of potential evidence.

Why is it necessary, when in a residence or apartment, or when going through personal belongings of the deceased, to do this in the presence of an independent witness?

To avoid accusations at a later date. Receipts for any evidence or property confiscated should be mentioned and made to avoid future unnecessary challenges.

True or False: Property listed on a chain-of-custody form should be generally described, not classified.

True

True or False: When possible, transfer the evidence in person because it reduces the links in the chain of custody.

True

True or False: When precautions have been taken to protect evidence it should be documented in writing.

True

True or False: When evidence is removed from a scene, it is being altered.

True, evidence cannot be removed from the scene without it being altered, so it is necessary to know the proper method of doing so.

Is it important to maintain a chain of custody with evidence?

Yes, it is likely that evidence is held by one or another investigating agency and thus requires a proper chain of custody.

What should you do with evidence that are soiled by bodily fluids and biological material?

You should label the evidence with biohazard markers.

You are at the scene of a sudden and unexpected death of a 16 month old child. The family members want to hold the child. What should you do? a. Tell them they should have thought about that before, and to leave the child alone. You must collect evidence at this time. b. Consider the evidence you have discovered to this point and make a professional decision based on those facts, always taking the family into consideration. c. Place the body in a body bag and tell the family that they can view the body after the pathologist has completed an autopsy. d. Advise them of the federal statute that prohibits handling evidence during the conducting of an investigation. e. Point out to all family members (except the mother) that the rights of the child supersede theirs, and that they will have a chance to hold the child after the investigation is complete.

b. Consider the evidence you have discovered to this point and make a professional decision based on those facts, always taking the family into consideration.

The first priority at a homicide death scene is usually a. securing and protecting the scene. b. administering first-aid to any injured persons. c. establishing a command center. d. investigating. e. interviewing witnesses.

b. administering first-aid to any injured persons.

Immediately upon arriving at the scene of a death, the death investigator should do which of the following? a. Make sure sufficient boundaries are established. b. Be interviewed by the media. c. Identify and contact the law enforcement officer in charge. d. Assign an officer to guard the scene if the investigator suspects problems. e. All of the above.

c. Identify and contact the law enforcement officer in charge.