Friday, October 19, 2012

MBE Fast Fact: Tampering with Evidence

If an item of real evidence is of the type that is likely to be confused or can be easily tampered with (for example, a sample of blood), the proponent of the object must present evidence of chain of custody. More specifically, the proponent must show that the object has been held in a substantially unbroken chain of possession. Otherwise the object will be inadmissible. Note the word “substantially” here. It is not necessary to negate all possibilities of tampering. It is enough to show that there is a system in place to ensure that the item has not been tampered with.

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