Chain of Custody Challenges: A Powerful Defense in Kentucky Criminal Cases

The chain of custody refers to the documented trail of every person who handled a piece of evidence from the time it was collected to the time it is presented in court. Breaks or weaknesses in the chain of custody can create reasonable doubt about the integrity of the evidence and may result in its exclusion from trial. The attorneys at Clark + Harris scrutinize the chain of custody in every case we handle in Lexington, Louisville, and throughout Kentucky.

What Is the Chain of Custody?

When evidence is collected at a crime scene, during a search, or during an arrest, it must be carefully documented, stored, and transferred in a way that ensures its integrity and prevents tampering, contamination, or substitution. Every person who handles the evidence must be identified, the time and date of each transfer must be recorded, the condition of the evidence at each transfer must be documented, and the storage conditions must be appropriate for the type of evidence. This unbroken chain from collection to courtroom is what allows the prosecution to present the evidence as reliable and trustworthy.

Why Chain of Custody Matters

Chain of custody issues are particularly important in drug cases, where the prosecution must prove that the substance tested by the crime lab is the same substance that was found in the defendant’s possession. If there are gaps in the chain of custody, the defense can argue that the substance may have been tampered with, contaminated, mislabeled, or switched. Blood and urine samples in DUI cases must also be handled according to strict chain of custody protocols, and violations can undermine the reliability of BAC and drug test results.

DNA evidence, firearms evidence, and other physical evidence are equally subject to chain of custody requirements. Any evidence that has been mishandled, improperly stored, or insufficiently documented may be challenged in court.

Common Chain of Custody Problems

Through our experience handling criminal cases in Fayette County, Jefferson County, and throughout Kentucky, the attorneys at Clark + Harris have identified common chain of custody problems. Evidence may not be properly packaged or sealed at the time of collection. Transfer documentation may be incomplete or contain errors. Evidence may be stored in conditions that could cause degradation or contamination. Long delays between collection and testing may raise questions about evidence integrity. Personnel handling the evidence may not follow proper protocols. Evidence logs may have gaps or inconsistencies.

How We Challenge Chain of Custody

Our attorneys challenge chain of custody through careful review of all evidence handling documentation, deposition or cross-examination of every person who handled the evidence, comparison of evidence descriptions at different stages of the chain, analysis of storage conditions and their potential impact on evidence integrity, consultation with forensic experts who can identify potential contamination or degradation issues, and examination of the crime lab’s quality control procedures and any history of errors.

If we identify a significant break in the chain of custody, we file a motion to exclude the evidence from trial. Even if the evidence is not excluded, chain of custody weaknesses can be presented to the jury as a basis for reasonable doubt about the reliability of the prosecution’s evidence.

Contact Clark + Harris for Evidence Challenges

If you are facing criminal charges in Kentucky that rely on physical evidence, Clark + Harris will scrutinize every link in the chain of custody. Call 859-474-0001 for a free consultation.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Challenging the Chain of Custody in Kentucky Criminal Cases