QUESTION
Was title 17 and chain custody violated if blood evidence was kept in police car?
Asked on Aug 19th, 2012 on DUI/DWI - California
More details to this question:
Can CHP hold blood evidence in his vehicle? Then in his locker? Does that violate title 17? Does it also violate "chain custody"? Is that a violation chp duty manual? Please reply.. Thanks
5 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Maybe, but you'll only get the useful answer to any such questions from the judge as a result of rulings on appropriate motions to suppress brought by your attorney.
Answered on Aug 27th, 2012 at 12:05 PM
It depends for how long they kept it in the car. And as far as chain of custody, as long as they document who had custody at any given time, there is no chain of custody issue.
Answered on Aug 27th, 2012 at 12:03 PM
Criminal Law Attorney serving Los Angeles, CA
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It sounds like it was violated.
Answered on Aug 27th, 2012 at 12:03 PM
Not necessarily a Title 17 violation or chain of custody violation, but could be. I would need more information. However, CHP typically will transport blood in their car to a refrigerated evidence locker or to the crime laboratory.
Answered on Aug 27th, 2012 at 12:03 PM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
Most likely, if the CHP officer kept the evidence with him all this time it does not break the chain. He had possession it. He knows where it was prior to his having possession if he knows where it was after to his having possession, such as re evidence lockup. However, if he kept it in his vehicle too long there are other issue such as negligence and, or safeguarding.
Answered on Aug 27th, 2012 at 12:02 PM