Chain of Custody and Mishandling of Evidence in Missouri. Chain of custody is the process in the Missouri criminal justice system that ensures evidence collected during an investigation remains intact and unaltered. From the moment evidence is gathered, it must be meticulously tracked throughout its handling, storage, and transfer. Careful documentation of evidence establishes the reliability of that evidence when presented in court. Without a clear chain of custody, the integrity of the evidence can be challenged, potentially impacting the outcome of a case, including possibly getting the case dismissed altogether.
Chain of Custody Laws in Missouri
The chain of custody is governed by both federal and state laws that set forth strict protocols for handling evidence in criminal cases:
- Federal Rules of Evidence: Under Rule 901, parties must establish the authenticity of evidence, which often relies on a well-documented chain of custody. This rule requires that each piece of evidence is properly logged and that its handling is thoroughly recorded throughout the legal process.
- Missouri Revised Statutes Chapter 490: Missouri law outlines the rules for evidence handling, emphasizing the necessity of maintaining an unbroken chain of custody to preserve the integrity of evidence. This ensures that evidence is collected, stored, and transferred according to established procedures to prevent tampering.
- Missouri Revised Statute §490.680: This specific statute states that records of evidence must be competent, meaning they can be used in court if properly documented by the custodian or a qualified witness. It highlights the importance of maintaining accurate records to support the credibility of the evidence.
Failure to adhere to these regulations can lead to evidence being deemed inadmissible in court, jeopardizing the prosecution’s case.
How Chain of Custody Works in Missouri
Maintaining a proper chain of custody involves several essential steps that ensure evidence remains intact and credible throughout the legal process:
- Evidence Collection: The first step in the chain of custody is the collection of evidence at the crime scene. Law enforcement must follow specific protocols to prevent contamination. For example, officers should wear gloves, use proper containers, and document the collection process to establish a clear record of where and how the evidence was gathered.
- Documentation: After collection, each piece of evidence must be documented meticulously. This documentation should include critical details such as the time and date of collection, the identity of the individual who collected it, and the location where it was stored. This creates a comprehensive log that is crucial for later proceedings.
- Secure Storage: Once collected, evidence should be stored in secure locations, often under lock and key, to prevent unauthorized access. The storage conditions should also be noted to ensure that the evidence is kept in a suitable environment.
- Transfer of Evidence: When evidence needs to be transferred—such as from the police department to a forensic lab—each transfer must be recorded. The chain of custody form should detail who handled the evidence, the date and time of the transfer, and the conditions under which it was stored during the transfer. This ensures accountability and traceability at every stage.
- Final Presentation in Court: When the case goes to trial, the prosecution must be able to demonstrate that the evidence presented is the same evidence collected at the crime scene. This requires testimony from the individuals who handled the evidence, along with the accompanying documentation to verify its integrity throughout the process.
What Happens When Law Enforcement Mishandles Evidence?
Mishandling evidence or breaking the chain of custody can seriously hurt the prosecution’s case—and help yours. If the chain of custody is broken, the court may rule that the evidence cannot be admitted. In cases where the evidence is central to the prosecution’s argument, without this evidence their case may be significantly weakened, and the prosecution may struggle to prove its case beyond a reasonable doubt.
In some cases, the mishandling of a specific piece of evidence may lead to the dismissal of a particular charge while allowing the prosecution to continue pursuing other charges. This means that while one aspect of the case may fall apart due to evidence issues, the prosecution can still attempt to build a case based on the remaining charges. In other cases, mishandled evidence may lead to your case being dismissed completely.
How Combs Waterkotte Can Help Defend Your Chain of Custody Rights
Combs Waterkotte’s experienced Missouri criminal defense lawyers are well-versed in identifying potential issues with evidence handling and can challenge the admissibility of evidence that may have been mishandled or improperly documented. We analyze every aspect of the evidence presented against you, seeking out any discrepancies in the chain of custody that could undermine its reliability. If we find that evidence has not been handled according to legal standards, we will advocate vigorously to have it suppressed, which can significantly strengthen your defense.
Our team is committed to ensuring that your rights are protected throughout the legal process. If you suspect issues with the chain of custody in your case, you can contact us online or call (314) 900-HELP a free consultation.
