CHAIN OF CUSTODY

CHAIN OF CUSTODY

chain of custody.

1. The movement and location of real evidence, and the history of those persons who had it in their custody, from the time it is obtained to the time it is presented in court. [Cases: Criminal Law 404.30; Evidence 188. C.J.S. Criminal Law ¡ì 846; Evidence ¡ì¡ì 789¨C791, 794, 796.]

¡°Chain of custody requires testimony of continuous possession by each individual having possession, together with testimony by each that the object remained in substantially the same condition during its presence in his possession. All possibility of alteration, substitution or change of condition need not be eliminated. For example, normally an object may be placed in a safe to which more than one person had access without each such person being produced. However the more authentication is genuinely in issue, the greater the need to negate the possi-bility of alteration or substitution.¡± Michael H. Graham, Federal Rules of Evidence in a Nutshell 402 (3d ed. 1992).

2. The history of a chattel’s possession.

¡ª Also termed chain of possession.


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