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Time once again for a "police procedural question"


Alpo

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There is a shooting. The cops arrive and take pictures and pick up all the brass as evidence.

 

But if before they arrived someone else picked up some of the brass, and then tried to give it to them, would they want it? Or would they decide that since it was not laying on the ground, it was no longer in the chain of evidence. The defense attorney could ask, "what makes you think that cartridge case came from my client's gun? Did you pick it up at the crime scene?" and they would have to answer no, so the judge would cost TOSS that evidence?

 

This one is based on reality. Back in '76 I was working as a security guard at a hotel. Somebody pulled up into our parking lot and took a shot at the bar across the street, then drove off. A little kid picked up the shell case. I took it away from him, and when the cops arrived I tried to give it to 'em, but they didn't want it.

 

That crawled out of memory this morning for some damn reason, and made me wonder why they wouldn't take it.

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Yes, they would definitely want it. 

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Chain of evidence.  Alpo witnesses shots fired into business.  Alpo witnesses unknown kid pick up fired brass from street and seizes brass from kid.  Alpo releases brass to Officer Some as evidence.  Officer Some tags brass as evidence #1234 and places it into evidence locker.

 

In court:  Alpo testifies he witnessed  shots fired, kid pick up brass, Alpo seized brass from kid and gave it to Officer Some.

 

Officer Some testifies what he did with brass.

 

The officer you dealt with was either an idiot or incredibly lazy and didn't want to be bothered.  Did he even spend any time looking for any other evidence?

 

Angus

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17 hours ago, Black Angus McPherson said:

Chain of evidence.  Alpo witnesses shots fired into business.  Alpo witnesses unknown kid pick up fired brass from street and seizes brass from kid.  Alpo releases brass to Officer Some as evidence.  Officer Some tags brass as evidence #1234 and places it into evidence locker.

 

In court:  Alpo testifies he witnessed  shots fired, kid pick up brass, Alpo seized brass from kid and gave it to Officer Some.

 

Officer Some testifies what he did with brass.

 

The officer you dealt with was either an idiot or incredibly lazy and didn't want to be bothered.  Did he even spend any time looking for any other evidence?

 

Angus

B.A.M. nailed it perfectly.  As long as the chain of custody can be maintained via court testimony if needed, the brass should be collected as evidence.  LEO's don't have to be the first one to touch it.

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