PI PI Evidence Collection and Chain of Custody 1 — Questions and Answers
Question 1: What is 'chain of custody' in the context of physical evidence collected by a PI?
- A legal order restricting a subject's movements
- A documented record tracking who handled evidence from collection through presentation (Correct answer)
- A checklist of witnesses present at a crime scene
- A court procedure for admitting hearsay evidence
Correct answer: A documented record tracking who handled evidence from collection through presentation
Chain of custody is a documented chronological record showing who collected, handled, transferred, or analyzed a piece of evidence, which is essential to its admissibility in legal proceedings.
Question 2: A PI collecting physical evidence should FIRST:
- Pick up the item and bag it immediately
- Photograph the evidence in its original position before touching it (Correct answer)
- Call the client to confirm the item is relevant
- Place the item in a clear plastic bag to preserve fingerprints
Correct answer: Photograph the evidence in its original position before touching it
Photographing evidence in its original position before touching it documents the scene accurately and preserves context that may be lost once the item is moved.
Question 3: Which of the following would most seriously compromise the admissibility of physical evidence a PI collected?
- Storing the evidence in a locked vehicle overnight
- Failing to log each person who handled the evidence after collection (Correct answer)
- Using a tamper-evident evidence bag
- Labeling the bag with the date and case number
Correct answer: Failing to log each person who handled the evidence after collection
Failing to log each person who handled evidence creates gaps in the chain of custody, giving opposing counsel grounds to argue the evidence was contaminated or tampered with.
Question 4: When a PI obtains a document as evidence, it should be stored in:
- A regular manila folder in a filing cabinet
- A sealed, labeled evidence envelope with the handler's initials and date (Correct answer)
- A plastic sleeve with only the case number
- The client's possession for safekeeping
Correct answer: A sealed, labeled evidence envelope with the handler's initials and date
Evidence documents must be stored in sealed, labeled containers with the handler's initials, date, and case number to maintain chain of custody and prevent alteration or contamination.
Question 5: A PI discovers potential evidence on private property without the owner's permission. Taking this evidence would most likely constitute:
- A valid collection under exigent circumstances
- Theft and potentially trespassing, making the evidence inadmissible (Correct answer)
- A civil seizure allowed under PI licensing law
- A legal collection if the evidence relates to a crime
Correct answer: Theft and potentially trespassing, making the evidence inadmissible
PIs do not have law enforcement authority; taking evidence from private property without permission constitutes theft and trespass, and courts will typically exclude such evidence.
Question 6: Why should a PI avoid touching potential evidence with bare hands?
- To comply with OSHA workplace safety regulations
- To prevent contaminating latent fingerprints or DNA that may be on the item (Correct answer)
- To avoid liability if the item is later found to be someone's personal property
- To ensure the item does not appear to have been moved
Correct answer: To prevent contaminating latent fingerprints or DNA that may be on the item
Bare-hand contact can deposit the PI's fingerprints or DNA on evidence and destroy the subject's biological evidence, compromising its forensic value.
What is 'chain of custody' in the context of physical evidence collected by a PI?