What Does Chain of Custody Mean in a Murder Case?
Chain of custody is the record of who had a piece of evidence, when, and what they did with it. Gaps in that record can weaken what the evidence proves.
Mr. Heath Enix 'Heath' Hyde
Attorney at Law · Eligible to Practice in Texas
Bar Card Number: 00796807
TX License Date: 11/01/1996
Primary Practice Location: Sulphur Springs, TX and Dallas, TX
Office Address: 214 Connally St Ste A
Sulphur Spgs, TX 75482-2612
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Short answer
It means the State can account for an exhibit from the moment police picked it up. Who had it, where it sat, and whether anyone opened it should all show up in writing. Holes in that record give the defense something to question.
Hypothetical: The State says, “The lab tested the victim’s shirt.” The evidence log lists item 14 as a shirt. The lab report lists item 14 as a towel, and nobody has explained the difference.
The defense checks the same things for every item: who collected it, how it was packaged, and where it went next. Seal dates, initials, and notes about opened packages come next.
What does a chain of custody record show?
Each person who handles an item should leave a record. Follow a knife from the scene to the courtroom.
| Stop | Paperwork you’d expect |
|---|---|
| Scene | Report, photos, evidence tag |
| Packaging | Label and seal, initialed and dated |
| Property room | Log entries in and out |
| Lab delivery | Submission form |
| Testing | Intake record and bench notes |
| Trial | Checkout to the courtroom |
A missing record at any one of those steps is a question your lawyer can ask.
How does the State prove chain of custody in Texas?
Under Texas Rule of Evidence 901, the State has to show the knife in court is the knife from the scene. An officer can simply say, “That’s the one I picked up” (Rule 901(b)(1)). A serial number can do the work for a pistol (Rule 901(b)(4)). Or the State can walk through each handler, one at a time.
Hypothetical: The courier who drove the knife to the lab took a job in Ohio last spring. The State plans to use the form she signed instead of calling her. Your lawyer pulls out the calendar and checks the art. 38.42 deadlines.
An affidavit under CCP art. 38.42 can stand in for live testimony from people in the chain. It comes with deadlines the defense can use.
| Requirement under art. 38.42 | What it means |
|---|---|
| Contents | When and how the affiant got the item, who got it next, and that its condition stayed essentially the same |
| Filing deadline | The State files and serves it at least 20 days before trial. |
| Defense objection | A written objection at least 10 days before trial keeps it out under art. 38.42. |
Art. 38.42 doesn’t limit either side’s right to call people in the chain as witnesses. Art. 38.41 sets the same 20-day and 10-day schedule for a lab’s certificate of analysis. Your lawyer puts both dates on the calendar as soon as a trial date is set.
What gaps can the defense challenge?
Not every gap keeps evidence out, but each one can raise a question for the judge or the jury.
| Gap in the record | The question it raises |
|---|---|
| Tag says gray hoodie; lab says black jacket. | Was the tested item the one collected? |
| A pistol sat in a patrol car trunk for three days. | Who had access before the property room? |
| A lab seal was broken and resealed, no initials. | Who opened it? |
| Two victims’ clothes went to the lab in one box. | Did blood or DNA move between items? |
| Checked out twice, with no return entry | Where was it in between? |
What happens when evidence is lost or destroyed?
The law treats lost evidence differently depending on why it was lost.
| Case or rule | What it says |
|---|---|
| Arizona v. Youngblood (1988) | Failing to preserve evidence that might have helped the defense violates due process only if police acted in bad faith. |
| CCP art. 38.43(d) | Before the State destroys stored biological evidence, it must mail notice to the defendant, the defense lawyer, and the court, and any of them can object in writing. |
After a conviction, the chain still matters. Chapter 64 allows post-conviction DNA testing only if the chain of custody is enough to show the evidence hasn’t been substituted, tampered with, replaced, or altered in any material respect.
The flip side applies to everyone else. Under Penal Code §37.09, altering or hiding evidence during an investigation is tampering, which is generally a third-degree felony.
What records should the defense ask for?
Ask for every record at every stop, plus the scene photos and any lab package photos. Then put them side by side and look for the place where two of them disagree.
The defense can look at the objects, too. Art. 39.14(a) allows inspection and photographing of designated items the State holds on a timely request. Art. 39.14(h) requires disclosure of anything favorable.
What to do now: Don’t move, clean, or throw away anything that might be evidence. Altering evidence can create a new criminal charge.
What does a chain-of-custody fight look like at trial?
Picture the second day of trial. The prosecutor holds up a sealed paper bag and asks the detective to identify it. Your lawyer has the property log open on the table. It shows the bag left the property room on March 3 and came back on March 9, and nobody signed it back in. On cross, the detective agrees he doesn’t know where the bag was for those six days.
The judge may still let the jury see what’s in the bag. But now the jury knows about the gap, too, and that can change how much weight it gives the evidence.
What can a family do about the physical evidence?
You may have watched the search. Maybe officers carried three paper bags out of the apartment while you stood in the hallway. Maybe they took the knife from the car but left the one on the counter.
Write these down for the defense lawyer:
- The date and time of the search, and the officers’ names if you know them
- Each item you saw police take, and where it came from
- Photos or video you took that day
- Any copy of the warrant or property receipt they left behind
Hand the list to the lawyer, not to the police.
Frequently asked questions
Does a broken chain of custody mean the evidence gets thrown out?
Not always. A one-day gap in the property log might keep an item out, or it might only give the jury a reason to doubt it. That turns on the facts, and your lawyer decides whether to object, argue it to the jury, or both.
Who has to testify about the chain?
It depends. Say the courier who drove the knife to the lab has moved out of state. The State can call the handlers or use an art. 38.42 affidavit, and a timely written objection requires the State to prove the chain another way.
Can the defense inspect the physical evidence?
Yes. Say your lawyer wants to see whether the hoodie in the property room is gray or black. That’s allowed on a timely request under art. 39.14(a). Inspection takes place in the presence of a State representative.
Talk with Heath Hyde
If physical evidence is part of a murder case against someone you love, the handling records can matter as much as the test results. Call Heath Hyde, P.C. at 903.439.0000 or request a free consultation. The scene and chain of custody section of the Texas Murder Trial Defense Knowledge Hub and what the State must prove in a murder case cover related issues.
Legal sources
- Tex. R. Evid. 901
- Tex. Code Crim. Proc. arts. 38.41, 38.42, 38.43
- Tex. Code Crim. Proc. art. 39.14
- Tex. Code Crim. Proc. ch. 64
- Tex. Penal Code §37.09
- Arizona v. Youngblood, 488 U.S. 51 (1988)
This article provides general educational information, not legal advice. Every case depends on its facts, evidence, court, deadlines and governing law. Past results do not guarantee a similar outcome.
