Unit 4 Assignment CJ240-8 Ethan Bish
docx
keyboard_arrow_up
School
Herzing University *
*We aren’t endorsed by this school
Course
240
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by ColonelStarlingPerson481
Running head: UNIT 4 ASSIGNMENT
1
Was the Chain of Custody Broken ?
Ethan Bish
Professor Coldwell
CJ240-8
UNIT 4 ASSIGNMENT
2
If the defendant in a criminal case makes a timely and proper demand, for the presence of all
persons in the chain of custody, it is a legal error for the trial court to admit drug evidence if the
state fails to call the “packaging” officer as a witness. The chain of custody consists of three
individuals. The seizing officer, the packaging officer, and the chemist who analyzes the
substance collected. The chain of custody is vital to ensure that evidence has not been tampered
with in any way between the time of collection and the trial. If a timely and proper demand is
made the court must ensure that all three individuals who are part of the chain of custody must
make an appearance, otherwise the evidence should be thrown out. However, if the state can
prove that the evidence is what they say it is, and there is no evidence of tampering the evidence
is admissible in court. This was established by the Maryland Court of Special Appeals in Cts. &
Jud. Proc. § 10-1002, and in Id. at 278, 163 A.3d at 850.
In this case the trial court did not err in allowing the admission of the drug evidence, even
with the lack of chain of command. The chemist was able to establish that the substances that the
petitioner had was heroin which would be enough for the evidence to be admissible per Id. at
278, 163 A.3d at 850. The police department and the state were able to establish enough of a
chain of custody for the evidence to still be admissible. Even though the evidence was still
admissible the police department technically did not have a proper chain of custody established
as the packaging officer was not able to appear in court and had there been any evidence of
tampering all the evidence would have been inadmissible.
UNIT 4 ASSIGNMENT
3
References
Home | Maryland courts. (n.d.). https://mdcourts.gov/data/opinions/coa/2018/54a17.pdf
Cydni. (2019, March 9).
Chain of custody - definition, examples, cases, processes
. Legal
Dictionary. https://legaldictionary.net/chain-of-custody/
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help