If you’re facing a criminal charge, you have numerous rights and protections you likely don’t even know about. They go far beyond the Miranda rights you should have been read upon your arrest.
For example, you have the right to expect that the evidence being used against you is properly handled from the moment it is collected until it is presented in court. That’s why there are strict rules and procedures around evidence handling to help ensure that the “chain of custody” isn’t broken.
If it is broken, there is a chance (even if it’s a slim one) that the evidence wasn’t valid in the first place or was contaminated somewhere along the line and therefore cannot legally be used against you. This can include anything from blood and other DNA evidence to illegal substances like drugs to weapons, allegedly stolen items and more.
How can the chain of custody be broken?
Here are a few key ways in which the chain of custody can be broken:
- Contamination of a crime scene: For example, an unauthorized person might get inside an active crime scene before law enforcement is finished processing it.
- Improper handling: For example, an officer might touch a piece of evidence without gloves on.
- Improper storage: For example, an officer might not seal a piece of evidence in approved, tamper-proof packaging.
These are just a few examples. The more a piece of evidence is handled or transported (even for legitimate reasons, like sending it to a lab), the more opportunities there are for contamination.
Showing that evidence may have been compromised
Typically, it’s not necessary to prove that a piece of evidence was contaminated to prevent it from being used to prosecute someone. Showing that the chain of custody was broken at some point can be enough to introduce a reasonable assumption that it might have been compromised and therefore is inadmissible.
It’s crucial to ensure that your rights are protected – including not having contaminated or fraudulent evidence used against you. That’s just one reason why it’s important to get early and experienced legal guidance.