Election Investigations Guidebook
as well as the representative from the receiving institution, to review and
sign an itemized evidence list.413 SOPs should provide instructions for signing
out evidence, monitoring the appropriate length of time for its removal, and
securing it while at an external location to protect its integrity.414
Extending the standards outlined by the American Bar Association to this
context, investigative bodies should ensure that evidence is returned to individual owners or official archives upon the completion of investigation and
adjudication processes, unless a competent authority provides that evidence
remains in custody.415 In such circumstances, investigative bodies should return items in the condition in which they were obtained, to the greatest extent
possible, and procure a signed receipt indicating disposition.416
Security
To prevent unauthorized persons from interfering with the chain of custody, investigative bodies should incorporate specifications for limited access
to the designated evidence control area into their SOPs. Specific security
measures help preserve admissibility by ensuring that the evidence has not
been compromised or physically altered.417 As a general rule, “access restriction protects the proper chain of custody.”418 SOPs should, therefore, limit
access to the designated control area to authorized personnel only.419 Furthermore, “policy should define who has access to keys, access control, key
duplication, changing of locks or access code with changes of personnel, access
logs, after-hours procedures, and alarm testing.”420 Through use of an access
log, investigative bodies must carefully monitor entry into restricted storage
areas in order to guard against the possibility of alteration, unauthorized
413
Cf. Christian A. Nielsen & Jann K. Kleffner, supra note 408, at 56.
414
Latta & Giles, supra note 399, at 21.
415 American Bar Association Standards for Prosecutorial Investigations, supra note 82, § 2.14(h) ] (“Upon termination
of the investigation and related proceedings, physical evidence other than contraband should be returned promptly to the
person from whom it was obtained, absent an agreement, court order or requirement of law to the contrary.”).
416
Cf. Canadian Investigators’ Manual Ch. 9, supra note 401, at 5.
417
Handbook on the ECP Election Complaints Process, supra note 22, at 12.
418
Latta & Giles, supra note 399, at 35.
419
Id.
420
Id.
120