Evidence Control
Evidence Control
By Jim Goding
I. Competence:
This generally refers to the quality of the evidence, which makes it acceptable to the court. For our purposes, a recording will be competent if it shows, for example, a cheating action, enough of the persons involved to identify the suspect(s) and connect the individuals involved to the action, and shows enough of the table or area and the action to show that the action was improper.
Specific recordings are needed in order to fully accomplish this. It is a defense attorney’s function to discredit evidence, either on what is shown–what can actually be proven, such as identity of the suspect and the actions involved in a crime–or the documentation which shows that it has not been altered.
II. Continuity:
The integrity of the recording must be protected. Custody of the tape must be protected to prevent defense claims of alteration. Such claims, if sustained, result in the evidence being inadmissible.
Procedures, therefore, must be followed to protect the chain of evidence.
In the event a tape must be saved for evidence, immediately remove the recording tab. Make a copy of the recording of the incident, which will be kept by the Surveillance Department for review in the event court testimony is necessary.
Gaming Control or other law enforcement agency will require the original recording if they are involved. The observer who watched and reported the incident should make the copies. Anyone who handles the tape may be called as a witness in court and is involved in the chain of evidence. Once copies are made, put the videotape in a box and seal the box with tape. The recording, whether video tape or a CD copy of a digital recording, should be placed in an evidence bag and sealed. Put your initials, the date and the time of sealing on the sealing tape in such a manner that it goes across the tape and onto the box. The box should be labeled to show:
- A. Date
- B. Time of Incident (from videotape stamp)
- C. Name of Suspect if available
- D. Type of Incident (theft, cheating, etc.)
The tape will then be kept in a secured location until turned over to law enforcement agencies. Normally it is sealed in an evidence bag, logged and locked up in Surveillance or Security.
Evidence other than tapes must be marked, sealed and stored in the same way as the tape. Again, the person who originally obtained the evidence should be the only person to handle it, to protect the chain of evidence. Anyone else who handles it must be able to testify in court as to the integrity of the evidence: that it has not been altered in any way.
If Gaming Control or otehr law enforcement requests the tape, they must be given the original. It will be signed out to the officer who picks it up, and a eceipt for the evidence is required in order to document the transfer.
III. Competence of Oral Testimony:
The Investigator or other observer who made the original observation is the witness who can introduce it into evidence. He will have to testify completely as to its production. It is necessary to keep records, which can be used to refresh your memory. In our case, the record necessary should be the report on the incident and the tape release log.
A full Incident Report is required whenever a tape is released. In addition to the usual details of a report, the report should include beginning and ending times of taping and identity of the person who receives any tape which is released. If any arrest or detention is made and evidence saved, this should also be noted in the report.
