People often take for granted that the evidence used to charge and prosecute them for a crime is valid – especially if they know they have some culpability. However, evidence may not always be admissible.
Evidence obtained illegally (for example, without a valid search warrant) may be inadmissible. Further, even if a piece of evidence is legally obtained, how it’s handled once law enforcement has it is crucial to whether it can be used.
The “chain of custody” of the evidence must be maintained. If the chain is “broken,” then the evidence could potentially be contaminated in some way and therefore cannot be used to prosecute someone for a crime.
How do breaks in the chain occur?
A break in the chain can occur in multiple ways. Here are some common examples:
- Contamination of the crime scene – such as unauthorized people being allowed access to the area while evidence is still being collected
- Improper storage – like not placing it in an approved, sealable tamper-proof bag
- Improper handling – such as an officer, lab tech or anyone else touching it without gloves, or even putting it in their personal vehicle and not immediately transporting it to the police station
- Mislabeling – for example, incorrectly labeling where it was found
A break can occur at the crime scene and any time leading up to when it’s presented in court. Anything from fingerprints, DNA evidence, drugs, weapons and allegedly stolen items can be mishandled.
Even if a piece of evidence wasn’t contaminated, a break in the chain of custody or any other mishandling of it can be enough to keep it from being used against a defendant. Depending on how valuable that evidence would have been, if a judge rules it inadmissible, that can be the end of the prosecution’s case. Even if it’s not, it might result in lesser charges.
This is just one reason why it’s smart to get experienced legal guidance as soon as possible to help ensure that your rights are protected at every stage.