What is Chain of Custody in Minnesota Criminal Court?

Chain of custody refers to the legal process used by law enforcement here in Minnesota for handling physical and electronic evidence from its discovery all of the way up until it is offered into evidence at trial. It means that there are rules that government officials must follow for:

• Collecting of Evidence;

• Handling of Evidence;

• Storing of Evidence;

• Documentation of the Evidence along the way; and

• How the Evidence is Displayed in Court.

To put it simply, chain of custody establishes a step-by-step, individual-by-individual, unbroken line between when the evidence from beginning to end. It establishes who touched it, who had access to it, where it was located, why it was handled and the condition of it all along the way. 

"As the evidence is collected and analyzed, it should be able to be tracked at each and every step, link by link in the chain.” 

Who Has the Burden to Establish the Chain of Custody?

The state prosecutor in Minnesota has the burden to establish that the evidence they intend to offer in a criminal trial has an unbroken chain and that it was properly handled all along the way. If the evidence was handled improperly or contaminated in some way, a good criminal defense attorney may be able to exclude it from evidence. It is also important to consider documentation. If the evidence isn’t tracked, identified, protected, and documented between each and every interaction, it may also be excluded from evidence to be presented at court.  The idea that “the evidence seems fine” simply shouldn’t cut it.

Here’s an Example

An example for chain of custody could be a firearm found in a field that law enforcement believes many be tied to a homicide. Law enforcement must not only collect that weapon properly in order to maintain it and not destroy any evidence it may contain including DNA, latent fingerprints and any other relevant evidence, they must then track it back and forth between each and every expert who looks at that weapon. For instance, there may be an expert who looks at DNA, another who looks at latent prints, another who looks at firearm identification and barrel characteristics, etc. If there is even one break in that chain regarding location, who had possession, whether it was changed in any way and all of the documentation to prove it, it brings into question whether the evidence presented is reliable and therefore even admissible.  

“Break even one link in the chain and the chain may be worthless.”

If you are facing criminal charges in St. Paul or anywhere in Minnesota and chain of custody and evidence is important, as it almost always is, make sure you have an experienced criminal defense attorney by your side. 

Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor, former U.S Federal Agent and founder of Jack Rice Defense.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.