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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