Legal Question in Criminal Law in California
Concerning the chain of custody law drug evidence. Is it legal for dea agents to ship drug evidence via fed ex registered mail to the lab for testing.? since the evidence is leaving the custody of agents being released to the public where it is processed and then sent out on the truck to the lab. That's a lot of hands on those drugs that are not sworn officers of the law. please advice
2 Answers from Attorneys
It is certainly an issue, but it's not insurmountable for the prosecution. If the package inside is sealed and appropriately marked when sent and th receiving agency can verify that the seals were intact when they received and opened the package, that may undo any issues related to the chain of custody.
Unless the chain is completely broken, the chain of custody issues go towards the weight of the evidence and not admissibility.
I agree with Mr. Dane. Raising questions about the chain of custody does not invalidate the evidence. You might get the evidence excluded if you can show an actual break in the chain. If all you can do is suggest that there might have been a break, then the evidence will still come in and the judge or jury will have to decide how trustworthy the chain actually is.
Good luck.
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