Chain Of Custody
Handling evidence is done for a number of reasons. After it is photographed, drawn in the crime scene sketch, and listed in the crime scene notes, it should be processed. There may be an analysis done at the scene and packages for storage in the evidence repository, or the evidence may be collected for transportation to the crime laboratory for further analysis.
Control of the evidence for accountability purposes is done using a document known as the chain of custody. The chain of custody reflects the travel of the evidence through the criminal justice system including where it was obtained, who had control of it from the law enforcement agency that collected it, the evidence custodians who received it, the laboratory technician who analyzed it, the court clerk who held it as an exhibit during the trial, and finally the method of disposal when the evidence was no longer needed as evidence.
You are part of a crime scene unit conducting a crime scene search and processing. At the scene, you find a Colt, .45 caliber, model 1911A1 pistol with the serial number eradicated. There are seven rounds of .45 Remington Peters full metal jacket bullets in the magazine. There is a live round in the chamber of the pistol, and the hammer is cocked with the safety off. The pistol has been photographed, drawn in the sketches, and notes on the pistol have been completed.
Complete the following in a 4–6-page paper:
What will happen to this pistol if it was found to be used in a crime, and how will it be processed, packaged, and analyzed? If a pistol is found to be used in a crime, it will typically be seized as evidence by law enforcement. The specific process for handling and analyzing the weapon will depend on the laws and procedures of the jurisdiction in which the crime occurred.
Generally, the pistol will be processed, packaged, and analyzed in a way that maintains the chain of custody and ensures that the weapon can be used as evidence in a criminal trial. This may involve marking the weapon with identifying information and storing it in a secure location until it is needed for evidence.
The pistol may also be analyzed by forensic experts to determine if it was used in the commission of the crime and to gather any additional evidence that may be helpful in the investigation or prosecution. This may involve examining the weapon for fingerprints, DNA, or other forensic evidence.
It is important to note that the handling and analysis of evidence, including weapons, must be done in accordance with applicable laws and procedures to ensure that it is admissible in court.
Detail the chain-of-custody persons that you can expect to handle the firearm.
Explain how the firearm should be packaged.
Relate what tests may be performed in the crime lab.
Explain how you would testify to the findings of the lab and how you controlled who had the weapon after it was seized as evidence.
Finally, after the court trial is over and there is no appeal pending, how would the firearm be disposed of?
Chain of Custody
A piece of evidence is any available information either on a crime scene or in connection to a crime, that provides direct proof of a proposition. When handling a piece of evidence, it must be photographed, drawn in a scene sketch, listed in the notes of a crime scene, and then processed. Analysis is conducted on the evidence and packaged for storage in the evidence repository. If there is a need for undertaking further tests on the evidence, it is collected for transportation to the crime laboratory. A chain of custody where control of evidence for accountability is introduced.
In the chain of custody, the movements of evidence through the criminal justice system are monitored. The chain of custody monitors the evidence from where it was obtained, who collected it, who had authority over the evidence after it was collected, the custodians who received it, the laboratory custodian who performed tests on it, the court clerk who handled it during the trial and the method which was used to dispose the piece of evidence after it was no longer needed as evidence.
When conducting a crime scene search, I find a colt 45 caliber, model 1911A1 pistol. The pistol’s serial number is eradicated meaning there is a need to conduct further tests on it. At the crime scene, I also find seven rounds of .45 Remington Peters full metal jacket bullets. In the pistol’s chamber, there is a live round and a hammer cocked with the safety off. At the crime scene, I take photographs and draw sketches of the pistol as found. I then take notes on the pistol, getting it ready for processing. processing will determine if the pistol was used in the crime scene or not.
The law enforcement agency takes over investigations on the entire case. They take notes which include full details of the pistol and any other evidence found beside it, describing the location including the address and the situation in which the location was in (Sample & Quilter, 2019). Once thorough documentation of the crime scene has been done, and notes taken, the collection process then begins. This part is the most fragile because inclusive evidence can easily be lost. Evidence which can be moved like the pistol is given some special consideration. If some documents are not found in the search, photographs should continue to be taken for the full revelation of the layers.
A sketch is drawn showing the location of each of the evidence collected. Also, it should contain the measurements of the location of each item of evidence to a specific reference point. The photographs of the area taken should complement the sketches and notes. They should not serve as substitutes. In most cases, the firearm contains a serial number. The serial number helps in linking the pistol to the owner but in this case, the serial number is missing and there aren’t any scribbles or marks on the pistol which could help in the process of identification.
At the crime scene, a forensic technician will need to examine the firearm to determine whether it was involved in the crime or it was just set up. Together with specialists in this field, we will link the bullets found on the metal jacket to the weapon. We will also look for fingerprints that will help us link the firearm to the user. Fingerprints, in this case, are the key pieces of evidence (Cao & Jain, 2018). If the fingerprints are found, they will be dusted and photographed. We will then collect the firearm and package it for transportation to the laboratory where the fingerprints will be analyzed further.
The pistol evidence is collected in a paper container, for example, an envelope, plastic bag or packet. The package is then closed and sealed to avoid contamination or mix-up of evidence during transportation or storage. The package should have the initials of the agency collecting the evidence, the date and time the evidence is collected. It should also have a full description of the evidence meaning the agency should write that the firearm is a colt 45 caliber, model 1911a1 pistol, and the location it is found. The name of the investigating agency and the file number should be included.
The firearm, magazine and the pictures of fingerprints found are transported to the laboratory for analysis. The three should be packed separately. Before handing over the firearm to the laboratory technician, it must be rendered safe. Mostly, personal delivery is preferred. In this case, since the pistol is loaded, it is transported in a box that is specially constructed (STUART, 2017). The box has a means of holding the pistol securely. It has a metal plate that blocks the muzzle. All these precautions are undertaken to prevent further accidents. The person in custody of the samples must testify that the evidence hasn’t been tampered with.
By examining the fingerprint through the comparison method, the technician will be able to tell the owner or user of the pistol, all the criminal records associated with the pistol and the suspect (Cao & Jain, 2018). Fingerprints are processed through fingerprint databases such as the Integrated Automated Fingerprint Identification System (IAFIS). The IAFIS test provides latent search capabilities, automated fingerprint search capabilities, electronic exchange of fingerprints and responses and electronic image storage.
The laboratory technician is supposed to review the details detected by the software and submits the findings to the court clerk. Also, the laboratory technician can test for DNA by the suspect. The sketches drawn of the crime scene point out the measurements of the locations where evidence was found. This helps in locating the position in which the suspect was standing at when performing the crime. After the evidence is examined, it is then sealed and handed over to the court clerk.
The court clerk holds the evidence handed to him as an exhibit during the trial. After several tests have been done on the evidence, the court will be able to determine whether it is sufficient proof. When the court clerk receives the evidence, he/she should sign on a piece of paper and the laboratory technician should also sign to confirm that he/she has handed over complete evidence to the court. As the trial continues, evidence may need to be stored. Physical evidence such as the pistol is stored by the clerk in a safe place where it cannot be tampered with.
After the trial is dismissed, the clerk is ordered by the court to hand over the evidence to the custody of the chief police in the respective counties (STUART, 2017). The clerk must have a metropolitan form of government as a proof of disposition following the court’s order. The police department has to return the pistol to the owner if ordered so or to advertise the sale in a newspaper. If the pistol is sold, he should maintain a record of the amount collected from the sale. If ordered to destroy the pistol, he should burn or melt it then file an affidavit with the court clerk ordering the destruction.
Generally, the most appropriate method of disposal is by burning the pistol. I found the pistol and seven rounds of .45 Remington Peters full metal jacket bullets at the crime scene. I contacted a law enforcement agency to carry on with the investigations. The law enforcement agency deploys a forensic technician who collects fingerprints samples and DNA samples if present. The evidence is then transported to the laboratory for further analysis. The laboratory conducts further analysis on the firearm, fingerprints and DNA samples obtained. The information is given to the court clerk for use in the trial. It is then disposed of by us, the police department.
References
Sample, R. B., & Quilter, E. (2019). U.S. Patent No. 10,209,265. Washington, DC: U.S. Patent and Trademark Office.
STUART, J. M. (2017). Firearms Evidence: Documentation, Collection and Preservation. In Forensic Evidence Management (pp. 119-136). CRC Press.
Cao, K., & Jain, A. K. (2018). Automated latent fingerprint recognition. IEEE transactions on pattern analysis and machine intelligence, 41(4), 788-800.
