Chapter 1 - § 1.5 • REAL EVIDENCE

• Jurisdiction: Colorado

§ 1.5 • REAL EVIDENCE

§ 1.5.1—Physical Evidence

Physical evidence is evidence that you see, feel, touch, or smell. The most significant factor in laying the foundation for the admission of physical evidence is establishing that the object offered at trial is what it purports to be and is in the same condition as it was at the relevant time.

Providing the foundation for an object at trial can usually be done in one of three ways. The method used will likely depend on the steps that have been taken prior to trial to ensure that the object offered at trial is the relevant object.

First, if the item itself is unique, the proponent can simply identify the unique characteristic of the exhibit and the relevant object and provide a basis of knowledge regarding the unique characteristic. For example, in a prosecution for larceny, the victim might identify a piece of jewelry that was stolen by identifying a specific inscription on the back of the object and testifying that the object that was stolen had the same inscription, while providing the basis for knowing about the inscription.

Second, an item can be marked at the time of an incident so that it can be later identified using that marking. For example, police officers often mark a piece of evidence at a crime scene by etching their initials into the item. At trial, they are able to lay the proper foundation for admission of that item by identifying the etching they made.

Third, items without any unique characteristics, such as drugs, may be identified by establishing the chain of custody from the time they were seized until the time of trial. Generally, you can establish a chain of custody in one of...