1. FBI Chain of Custody for Laboratory Response Network Employees
This presentation was created by the Federal Bureau of Investigation, Hazardous Materials Response Team Unit, in conjunction with Association of Public Health Laboratories.
Federal Bureau of Investigation
SSA Lisa J. Ference
Hazardous Materials Response Team Unit

2. 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

3. 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

4. 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.

6. 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

7. 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

8. Federal Rules of Evidence
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.
There are many Federal Rules of Evidence that apply to court proceedings. Rule 402 states that all relevant evidence is admissible in court, and any evidence that is not relevant is not admissible.
Rule 403 states that although relevant, evidence may be excluded if the value of the evidence is outweighed by danger, unfair prejudice, confusion of the issue, anything that misleads the jury, or wastes the court’s time. This is important for Laboratory employees as court exhibits of evidence are built on a foundation of testimony, and this may include Lab employees who are subject matter experts but will be testifying to a jury, who most likely are not. If the testimony confuses the issue, Rule 403 states that evidence may be excluded.

9. 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.
Discovery is the pre-trial procedure where both the prosecution and the defense gain information from each other. For FBI cases, this includes copies of all statements, documentation, Federal Grand Jury material, notes, photographs, sketches, and analysis of all evidence. Brady states that…
Giglio is material or information that discredits the character or testimony of any prosecution’s witnesses, including an FBI Special Agent, a witness, or a Laboratory employee. This material may include prior misconduct or a break in the Chain of Custody.

10. 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

12. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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?

21. 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?

22. 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?

23. FBI Laboratory Evidence Control Unit
Questions?
FBI Laboratory Evidence Control Unit