Physical Evidence & The Chain of Custody
The
preservation and continuity of possession of evidence is a critical component
of a major investigation.
"The
following is excerpted from the Oregon Occupational Safety & Health
Division Policy concerning the investigation of serious incidents by State
OHS personnel and the message is fully applicable to any serious incident
investigation."
Physical
evidence is fragile: physical objects can be removed, broken, lost, misplaced,
cleaned up, destroyed, distorted, or overlooked. When physical evidence
is identified, it will be collected and secured or the area in which it
is located will be secured to preserve the integrity of the evidence.
Materials
may be bottled, bagged, or boxed, and their locations recorded or
photographed.
The accident scene can be roped or taped off, doors locked, and guards
posted, if necessary to preserve the scene.
A
strict chain of custody (documentation showing physical custody)
shall be maintained on all evidence. Security and custody of evidence
are necessary to prevent alteration and to establish the accuracy
and validity of the physical material, photographs, and documents
collected. In order to establish a chain of custody for evidence;
the guidelines below will be followed when possible:
- Photograph
and/or videotape the evidence in its original location as it was found
immediately after the accident.
- Time
and date stamp photographs and video tapes. These will be treated as
other physical evidence.
- The
Lead Investigator will determine what evidence is to be removed from
the scene. No evidence will be removed, unless directed by the Lead
Investigator.
- Prepare
an inventory of the items and sign a chain of custody document stating
at a minimum:
- What
item(s) were removed from the scene
- When
the item(s) were removed from the scene
- Who
removed the item(s) from the scene
- Location
of the item(s) at the time of inventory
- Evidence
will be controlled by signature transfer (signatures of the recipient
and by the person relinquishing custody) and made available to those
who have a need to examine the evidence during the accident investigation.
- Secure
storage and access control to evidence must be maintained throughout
the investigation and any litigation process.
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