FBI Chain of Custody for Laboratory Response Network Employees

Federal Bureau of Investigation SSA Lisa J. Ference Hazardous Materials Response Team Unit

Objectives

         What is Chain of Custody?

Why is it important?

FBI investigations and evidence Discovery and Federal Rules of Evidence Where does FBI Chain of Custody start and stop?

LRN Chain of Custody Hazardous materials Helpful hints Case studies

What is Chain of Custody?

“The order of places where, and the persons with whom, physical evidence was located from the time it was collected to its submission at trial.”

- Webster’s New World Law Dictionary © 2006

Chain of Custody

   Written, chronological record of transactions from when the evidence is collected during an investigation through the subsequent adjuctication.

Also identified on FBI form as:    General, drug, valuable Batteries, biohazard, computer, FGJ, firearms Hazmat, latents, refrigerate, requires charging  Other, None Firearms must be cleared by a Primary Firearms Instructor, secured with slide or cylinder locked open, and transported separately from ammunition and magazines.

Why is it Important?

     Elements of a crime used in court for conviction  Subject confession   Victim or witness statements Physical evidence Ensures alleged evidence is related to alleged crime, not “planted” Demonstrates care, safekeeping, preservation of evidence Avoids allegations of tampering or misconduct Avoids having evidence declared inadmissible

FBI Investigations and Evidence

 Where does FBI evidence come from?

    Public health and safety incident that becomes a FBI hazmat crime scene Clinical specimens that become part of an investigation Victim or witness – Public safety or FBI case    Subject of case unknown Type of evidence unknown No or little investigation conducted yet Subject of FBI case     Warrant, consent, inventory search Subject of case suspected Known or expected hazards Investigative information on case exists

Federal Rules of Evidence

  Rule 402  All relevant evidence is admissible. Evidence which is not relevant is not admissible.

Rule 403  Although relevant, evidence may be excluded if its probative value is … outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury, or by … undue delay, waste of time, or needless presentation of cumulative evidence.

Discovery

  Pre-trial procedure by which one party gains information from another.

In criminal cases, it’s reciprocal.

   Brady material is evidence known by the government that speaks to the guilt or innocence of the defendant.

Giglio material refers to information that discredits the character or testimony of the prosecution’s witnesses.

Jencks material refers to statements made by government witnesses prior to trial.

Where does FBI Chain of Custody start?

   At crime scene when evidence is collected For hazmat, in cold zone after decon Documented with:  Photographs before collection, with and without a scale   Evidence Recovery Log Package labeling – No samples should be given priority

Where does FBI Chain of Custody stop?

  When it’s turned over to a non-FBI entity    State or local Law Enforcement Agency for transportation (non-JTTF) Laboratory United States Attorney’s Office for trial prep Exchange of paperwork   Copy of Chain of Custody Receipt of Property

LRN Chain of Custody

      Limit and track access to evidence Identify secure evidence storage Maintain original Chain of Custody with exam notes according to internal policy  Through the Appellate process of case FBI should receive a copy Maintain shipping and transport records Discoverable in court

WMD Hazardous Materials

 Threat Evaluation Process    Comprehensive process to determine    Technical feasibility Behavioral resolve Operational practicality Credibility generates response    FBI Case Agent HMRT Team members FBI Laboratory Supervisory Special Agent, Hazmat Officer, and FBI SME Scientist Process continues through search, evidence collection, packaging, and transportation

WMD Hazardous Materials

  Detection and Monitoring   Safety of personnel Appropriate Personal Protective Equipment   Basic physical properties of unknown Appropriate packaging of samples Presumptive Field Tests  Minimal for FBI due to requirements of laboratory analysis for investigation and prosecution  More extensive for Public Safety and First Responder communities that may handle samples first

WMD Hazardous Materials

  Storage at FBI Field Office not allowed   Short term storage allowed at a FBI offsite i.e. garage within secure perimeter Case-by-case basis   With approval of FBI Laboratory Hazmat Officer Only if no other options available Analyzed for bio before FBI Laboratory delivery for traditional forensic exams  Do not send evidence directly to the FBI Laboratory

Subdividing and Secondary Evidence

  Evidence item number     Original evidence plus .1, .2, etc Subdivision of item 1 becomes 1.1

Note on existing Chain of Custody Initiate new COC Store primary evidence so secondary can be recreated

Helpful Hints

         Use clean workspace, change gloves for each scene Avoid opening evidence through contributor seals Re-package evidence the same as initially received   Do not package evidence together unless received that way Retain all evidence packaging If possible, separate a powder from the threat letter and package and label accordingly Don’t retain laboratory tools or supplies  Gloves, paper towels, forceps Ensure liquids are in a leak-proof container Make note if substance consumed during testing or if no substance was found Avoid refrigeration of latent print evidence Liaison and pre-planning

Case Study 1

  During a routine search of a vehicle at a Canadian border crossing, items were discovered in the trunk of a car, including culture material and a suspected delivery system. Laboratory test results confirm Yersinia Pestis . The vehicle driver was arrested and indicted for possession of a biological agent. This case is going to trial and you are a witness for the prosecution.

Are you comfortable testifying that there was no break in Chain of Custody while the evidence was in your possession?

Case Study 2

  A search warrant is executed in an FBI investigation that involves a subject allegedly producing ricin. The subject shares an apartment with two other roommates as well as a storage unit elsewhere. Evidence is collected and packaged from all three residents and the storage unit, and transported to your laboratory for analysis.

Do your laboratory procedures ensure that similar evidence collected at various locations on same case is not cross-contaminated?

Case Study 3

  A white powder letter with an articulated death threat is delivered via U.S. mail to a Federal Judge. The evidence must be screened for biologicals at your laboratory before being sent to the FBI Laboratory for further forensic analysis.

Do your laboratory procedures protect other forensic evidence like latent prints, hairs, or fibers?

Questions?

FBI Laboratory Evidence Control Unit 703-632-8360