A chain of custody is the chronological documentation of how evidence has been handled throughout an investigation. It includes people, dates, places, and activities. A chain of custody encompasses both digital and analog audio and video evidence. It is a critical component of an investigation due to the credibility it establishes.

It is important to note, though, that both law enforcement and litigators often overlook establishing a detailed chain of custody. This is not because of neglect. Rather, it is most often due to a lack of training or comprehension of the process. Should audio and video recordings be entered into evidence without proper documentation of the recovery process, both parties may agree that the evidence is acceptable and tamper-free. The audio or video recording then becomes the ‘original’ and the chain of custody begins at this point.

Next, the chain of custody progresses into the evidence recovery process. This includes forensically removing the original audio and video recording from the device that created it. Based on our experience at Primeau Forensics, once both parties in a criminal or civil litigation agree on an original recording, they request each side’s forensic expert to establish an evidence recovery protocol. This protocol includes step-by-step written instructions created by the experts, which are then negotiated or revised until finalized.