California Private Investigator Practice Exam

What happens if you immediately hand over evidence to your attorney or client?

1. It maintains the chain of custody

2. It breaks the chain of custody

3. It is acceptable if documented

4. It can be done if the evidence is sealed

The correct answer is: It breaks the chain of custody

When evidence is collected in an investigation, maintaining a proper chain of custody is crucial because it ensures that the evidence can be relied upon in legal proceedings. The chain of custody is a process that documents the handling of evidence from the moment it is collected until it is presented in court. This process is essential to prevent tampering, contamination, or loss of the evidence's integrity. Handing over evidence immediately to an attorney or client can break the chain of custody because you are transferring possession of that evidence to someone who is not a designated custodian for that evidence. This action typically does not allow for proper documentation of who handled the evidence or how it was stored following its collection. The integrity of the evidence can thus be questioned, and it may become inadmissible in court. Maintaining the chain of custody requires that the evidence be secured and documented through each person’s handling; passing it directly to someone outside of the evidence management process disrupts that continuity. Therefore, any action that results in an unbroken series of custody is considered critical for the evidentiary value of the materials collected.