Chain of Custody

For purposes of proving the chain of custody of an item, there are two types of evidence: fungible and non-fungible. Fungible items are those which all look the same and can be easily substituted one for the other. Non-distinct currency is a fungible item. Non-fungible items, such as fingerprints, are unique and easily distinguishable. 

 

To show a chain of custody adequate to preserve the identity of fungible evidence, the State must prove with reasonable certainty that the evidence is the same as that seized and that there has been no tampering or substitution. Ashley v. State, 316 Ga. App. 28 (2012). The State is not required to eliminate every possibility of tampering; it need only show reasonable assurance of the identity of the evidence. Maldonado v. State, 268 Ga. App. 691 (2004). The simple fact "that one of the persons in control of a fungible substance does not testify at trial does not, without more, make the substance or testimony relating to it inadmissible." Collins v. State, 290 Ga. 505 (2012); Gassett v. State, 289 Ga. 

App. 792 (2008). 

 

In contrast to fungible evidence, if a piece of tangible evidence is a distinct item that could be recognized from its features from someone who saw it before, that person's testimony identifying the item is sufficient to authenticate it." Phillips v. Williams, 276 Ga. 691 (2003); Roberts v. State, 232 Ga. App. 745 (1998). The chain of custody requirement does not apply to audio and video recordings. Rodriguez- Nova v. State, 295 Ga. 868 (2014). 

Your case can't wait

As soon as you're able to speak with a criminal defense attorney, contact us. The sooner we can examine the evidence against you, the better your chances of walking out the courtroom with your freedom intact.

Contact Us Today

TSR3 Justice Center is committed to answering your questions about Armed robbery, Domestic violence, Drug trafficking, Hijacking, Home invasion, Kidnapping, Murder, and Rape law issues in Georgia.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

TSR3 Justice Center
Mon: 08:00am - 07:00pm
Tue: 08:00am - 07:00pm
Wed: 08:00am - 07:00pm
Thu: 08:00am - 07:00pm
Fri: 08:00am - 07:00pm
Sat: 11:00am - 02:00pm

Menu