4. When fungible evidence is returned from the USACIL, the sealed container will
not be opened. This only exception is for official purposes or when the evidence
is disposed of.
Whenever it is necessary to open a sealed container of fungible
evidence for official purposes, the person who opens the container will sign the
"Chain of Custody" document.
He will note in the "Purpose of Change of Custody"
column that the seals were intact.
He will record the reason for opening the
container. The container will be opened by cutting. This should be done without
damaging the seals, if possible. When finished with the evidence it should be put
in a new container. Previous containers or their sealed parts will also be put in
the new container and the container sealed.
5. If the sealed container is breached, the person who does so will note in the
"Purpose of Change of Custody" column.
How or why it happened is noted.
The
container will then be sealed in a new container according to step 4 above.
6. If the space in the "Purpose of Change of Custody" block is too small, the
remarks can be continued in the block immediately below the entry. In this case, a
diagonal line is drawn from the left side of the "Item Number" block through the
"Received By" block.
DA Form 3655 is completed in an original and two copies. The form should be typed
or printed legibly in ink. The original and one copy of the DA Form 3655 accompany
the evidence to the laboratory. The other copy is maintained in the investigative
case file.
Final Disposition of Evidence.
Evidence will be disposed of as soon as possible
after you have determined that it is of no further evidentiary value.
The
following should be considered in making this determination:
o
The item has been made part of the trial record.
o
Final administrative or judicial action has been taken.
o
No suspect was identified in a case and the case was closed.
o
Laboratory analysis finds no evidentiary value.
o
Controlled substances were not linked to a suspect.
o
Items other than controlled substances contain no evidentiary value.
o
The items are not practical or desirable to retain.
o
The items were released to an outside law enforcement agency.
o
All evidence
that
is
destroyed
will
be
destroyed
in
the
presence
of
a
witness.
MP2004
1-28
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