We’ve all seen courtroom dramas—whether it’s 12 Angry Men, To Kill a Mockingbird, or The Lincoln Lawyer—and let’s be real, the best part is usually when someone catches a witness in a lie or convinces a juror to change their vote. But you know what they don’t show? The thrilling, nail-biting process of introducing evidence into a trial. Yeah, didn’t think that would keep you on the edge of your seat. But here’s the thing: getting evidence into the trial is super important—without it, the jury can’t even consider it when making their decision.
So, what makes evidence admissible? Well, the lawyers can agree that an item of evidence is okay to be presented (a little “peace treaty” between the sides). If they don’t agree, the judge steps in and must decide if it’s good to go. And how does the judge make that call? The big factor is evidence integrity—basically, making sure that the evidence hasn’t been tampered with, changed, or mysteriously “lost” between the crime scene and the courtroom. If it’s been altered in any way (even if it was just an accidental facepalm moment), that could totally mess up its credibility. We’re talking about proving that the evidence you have today is the same thing you picked up yesterday—no changes, no damage, no sneaky tricks.
To keep things straight, investigators rely on something called chain of custody. Think of it as a super official diary tracking who’s had the evidence at all times—like, “Hey, I’ve got the phone now, and I’m not letting it out of my sight!” The chain of custody ensures that no one’s been playing around with the evidence. If there’s a break in the chain, it’s like the evidence went rogue, and suddenly, everyone’s suspicious. Without a solid chain of custody, lawyers on the other side might as well have a field day claiming your evidence is a hot mess. Not great for your case.
In short, the chain of custody is like the superhero of the courtroom. It saves the day by proving your evidence is legit and hasn’t been tampered with. It’s basically the legal version of a high five to integrity.
Now, as a digital forensic examiner, I have collected evidence a lot of times… and more often than I’d like, I’m handed a phone with absolutely zero chain of custody documentation. It’s like, “Hey, here’s this phone we just found lying around—good luck!” In over half of my cases, I get a mobile phone from a law firm representative—not the owner, not the custodian, but from someone like an attorney’s assistant or the receptionist at the front desk. I can start the chain of custody from there, but let’s be real: I can’t vouch for what happened to that phone before it made its way into my hands. If opposing counsel gets wind of that, they’re going to have a field day, and suddenly, your receptionist could become the most important witness in your case. Yikes.
Check out the picture below of an actual example of how a phone was transferred to me from a law firm. Looks official, right? As you can see, I’ve tried to protect the innocent.
Now, do you think opposing counsel is going to be totally chill with evidence that sat on a desk for hours (or days!) without anyone keeping track of it? Spoiler: probably not. If you care about preserving and analyzing that device, here’s my totally professional and 100% serious advice to keep the chain of custody solid:
- Document when and where the device is received: Record the date, time, and who handed it over. Consider assigning one person to take care of all your digital evidence. Don’t make it a free-for-all.
- Snap pics of the device: Show it in its natural state. If it’s a phone, capture the make, model, and serial number. Think of it as the “evidence glamour shot.”
- Lock it up: Don’t leave it lying on a desk like it’s a forgotten coffee cup. Put it in a secure location, like a locked drawer or a safe.
- Hands off the device: If it’s off, don’t turn it on. If it’s on, consider giving it a little charge to keep it alive. But whatever you do, no funny business—don’t let your curiosity get the best of you.
- Pass it to the expert pronto: Don’t waste time. Get that device into the hands of a forensic examiner ASAP. Let them deal with the evidence integrity drama.
And finally, if you can manage it, have the owner or custodian hand the device directly to the forensic examiner. This way, your office stays out of the chain-of-custody limelight.
