What is the chain of custody rule under RA 9165?

What is the chain of custody rule under RA 9165?

Our Dangerous Drugs Act under Republic Act 9165, as amended by RA 10640, provides for the so-called chain of custody rule, a rule which is meant to maintain the integrity of evidence in drug cases and make the case foolproof against adulteration or planting of evidence.

What are the steps of chain of custody?

The chain of custody is a tracking record beginning with detailed scene notes that describe where the evidence was received or collected. Collection techniques, preservation, packaging, transportation, storage and creation of the inventory list are all part of the process used in establishing the chain of custody.

What is the chain of custody rule in drug cases?

The court pointed out that the rule on the chain of custody “expressly demands the identification of the persons who handle the confiscated items for the purpose of duly monitoring the unauthorized movements of the illegal drugs and/or drug paraphernalia from the time they were seized from the accused until the time …

What is a chain of custody document and what information does it contain?

The Chain of Custody Form (CCF or CoC) is used to record all changes in the seizure, custody, control, transfer, analysis, and disposition of physical and electronic evidence. A typical Chain of Custody Form will describe the evidence and detail the location and conditions under which the evidence was collected.

What must a defense lawyer do to challenge the chain of custody?

A defense lawyer who successfully challenges the chain of custody can ask to have evidence declared inadmissible. If the judge finds that certain evidence is not admissible, the prosecutor might not have enough evidence to continue with the case.

What happens if the chain of custody is broken?

The biggest risk of breaking chain of custody is holding evidence that is inadmissible in court. If the chain of custody is broken, vital evidence could be deemed legally worthless. Sloppy chain of custody work can mean losing a client’s case and failing to serve justice.

What is the second step in the procedure of chain of custody?

Let’s discuss each stage of the chain of custody in detail:

1. Data Collection: This is where chain of custody process is initiated.
2. Examination: During this process, the chain of custody information is documented outlining the forensic process undertaken.
3. Analysis: This stage is the result of the examination stage.

What is the importance of chain of custody in regards with the investigation procedure?

The chain of custody is the most critical process of evidence documentation. It is a must to assure the court of law that the evidence is authentic, i.e., it is the same evidence seized at the crime scene. It was, at all times, in the custody of a person designated to handle it and for which it was never unaccounted.

What does chain of custody mean for drug testing?

Chain of custody is the movement and location of physical evidence from the time it is obtained until the time it is presented in court, and is used to prove the integrity of a piece of evidence.

What is the primary purpose of maintaining a chain of custody?

Importance of the Chain of Custody The chain of custody proves the integrity of a piece of evidence. [1] A paper trail is maintained so that the persons who had charge of the evidence at any given time can be known quickly and summoned to testify during the trial if required.

Who is responsible for the chain of custody?

Every individual is responsible for the process, from the first responder preserving the scene through to the forensic analysis in the lab.

Can evidence be used if the chain of custody is broken?

What Happens If Chain of Custody is Broken. The biggest risk of breaking chain of custody is holding evidence that is inadmissible in court. If the chain of custody is broken, vital evidence could be deemed legally worthless.

What does Section 21 ( a ) of RA 9165 do?

It makes the place of seizure extremely unsafe for the proper inventory and photograph of seized illegal drugs. Section 21 (a) of RA 9165 needs to be amended to address the foregoing situation.

What is art II of r.a.no.9165?

II of R.A. No. 9165 safeguards the accused from any unlawful tampering of the evidence against him. Moreover, in the case at bar, the inventory, marking, and taking of photographs of the confiscated items were not conducted immediately at the place of arrest but at the Barangay Hall of Tumana.

Is the absence of witnesses inadmissible under RA 9165?

It is well to note that the absence of these required witnesses does not per se render the confiscated items inadmissible. However, a justifiable reason for such failure or a showing of any genuine and sufficient effort to secure the required witnesses under Section 21 of RA 9165 must be adduced.

How does the chain of custody rule work?

As a method of authenticating evidence, the chain of custody rule requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be.