In order to allow tangible items to be admitted into evidence the trial court must be satisfied that the item is substantially in the same condition as the date it was seized. Generally, in drug cases the government will be required to produce every individual who handled or controlled the item. This practical principle of law is called the “chain of evidence”.
Despite thoughts to the contrary, the government does not have to establish every link in the chain of evidence to justify admissibility. It is sufficient if the government can show that there is a “reasonable probability” that the item has not been changed in any material way. Stated differently a flaw in the chain of evidence goes to the evidential weight the jury can impute to the evidence and not its admissibility.
Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.
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