The Glove in the Hot Patrol Trunk
At 0615, officers respond to a residential burglary. The homeowner reports a laptop and jewelry taken after someone entered through a kitchen window. In the backyard, Officer Diaz finds a single latex glove with a reddish-brown stain near the fence. The forecast high is 96°F. Diaz photographs the glove in place, picks it up with her gloved hand, and places it in a paper evidence bag. She seals the bag with tape, writes her initials and the date on the seal, and puts the bag in the trunk of her patrol car. She clears the scene at 0900 and drives to the property room at 1500. The trunk has been in direct sun and is about 110°F. The property-room clerk logs the bag but does not refrigerate it. Three weeks later the lab reports that DNA testing was inconclusive because of low quantity and degradation. The defense has requested all chain-of-custody records and Diaz's training on DNA collection.
1. Identify the evidence-handling errors and explain how each could affect admissibility and weight.
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Errors: (1) picking up the glove directly with a gloved hand risks transferring her own DNA or contaminants; (2) placing a damp item in a paper bag is better than plastic, but the bag was then left in a 110°F trunk for six hours; heat and moisture degrade DNA; (3) delay from 0900 to 1500 without drying or cooling; (4) the property room did not refrigerate or document temperature; (5) the seal was initialed but there is no record of who handled the bag or whether it stayed sealed. Admissibility: chain-of-custody gaps usually go to weight, not automatic exclusion, if the item is authenticated and substantially unchanged. But if the evidence is so degraded that it cannot be tied to the crime, its probative value drops and the lab result may be excluded or challenged.
2. What should Diaz have done differently from the moment she saw the glove through submission?
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Diaz should have photographed the glove in place with scale, then used clean tweezers or sterile swabs to collect the stain, avoiding direct contact. If collecting the whole glove, she should have placed it in a breathable paper container, labeled it, and air-dried it in a secure, clean area away from heat and sunlight. She should have transported it to the property room promptly, not left it in a patrol trunk, and documented the temperature and time. The property room should store it cool and dry per lab guidance and submit it as soon as possible. She should also collect a control swab if appropriate and note any contamination risks.
3. If the defense challenges chain of custody, what must the prosecution establish and what can Diaz properly testify to?
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The prosecution must show that the item is what it purports to be and that it has not been materially altered. It does this through testimony about collection, sealing, labeling, storage, and every transfer, plus the lab's receipt and testing records. Gaps in the chain go to weight; the judge decides authenticity under Rule 11-901 and the jury decides what weight to give it. Diaz can testify to what she saw, what she collected, how she packaged and sealed it, and where she took it. She should not testify about lab procedures she did not perform. She should candidly admit the heat exposure and the delay; trying to minimize them would hurt credibility.