Section 7.89 Chain of Custody (External to Lab and Internal in Lab)

• Library: DWI 2014

The DWI attorney should get, in discovery, the external chain of custody of how the sample got to and went from the laboratory. There should also be internal chain-of-custody documents on who handled the sample inside the laboratory.

Chain of custody is always a factor to be considered, but the law only supplies some safeguards. A brief summary of the law follows:

· The determination of whether the evidence is sufficient to establish a valid chain of custody for a given exhibit is within the sound discretion of the trial court. State v. Murray, 630 S.W.2d 577, 581 (Mo. banc 1982); State v. Link, 25 S.W.3d 136, 146 (Mo. banc 2000).

· Absolute proof of hand-to-hand custody is not necessary. State v. Anthony, 857 S.W.2d 861, 865 (Mo. App. W.D. 1993); State v. Huff, 789 S.W.2d 71, 78 (Mo. App. W.D. 1990); State v. Sammons, 93 S.W.3d 808, 810 (Mo. App. E.D. 2002).

· The trial court is in the best position to determine whether there has been improper tampering with an exhibit. Link, 25 S.W.3d at 147.

· The “chain of custody [of physical evidence] is . . . irrelevant . . . where the exhibit is positively identified.” State v. Ingram, 607 S.W.2d 438, 441 (Mo...