MBE Rules · Evidence

Chain of Custody

Chain of custody

The rule

Fungible or alterable evidence is authenticated by a chain of custody showing substantially unbroken possession; gaps go to weight, not admissibility, absent evidence of tampering.

In plain English

The chain of custody refers to the process of maintaining and documenting the handling of evidence to ensure its integrity. For evidence that can be easily altered or is interchangeable, it must be shown that it has been continuously accounted for, and any gaps in this chain may affect how much weight the evidence carries, but not necessarily whether it can be admitted in court.

Worked example

During a drug trafficking trial, the prosecution presents a bag of cocaine that was collected by an officer and later stored in a police evidence locker. Although there was a brief period where the bag was not logged in the evidence system, the officer testifies that he personally handled the bag at all times and there is no evidence of tampering. The court admits the evidence, noting that the gaps affect its weight but not its admissibility.

Memory hook

Keep the chain strong; gaps weaken the evidence's song.

The trap

Exams often present scenarios where there are minor gaps in the chain of custody, leading students to mistakenly believe the evidence is inadmissible. Students may overlook that gaps affect weight, not admissibility, if there's no evidence of tampering.

How examiners test it

Questions typically involve fact patterns where evidence is challenged based on the chain of custody, requiring students to analyze whether gaps exist and their implications for admissibility and weight.

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