Assignment task: The facts of this case are relatively straightforward. Around noon on September 21, 2015, an undercover narcotics team with the Baltimore City Police Department operated a buy/walk operation in the 5100 block of Park Heights Avenue, a mix of residential and commercial properties. Detective Ivan Bell testified that, as the undercover officer, he walked into the block and was approached by appellant, who was riding a bicycle and advertising "space jam," which was described as the name of heroin sold in the area. When Detective Bell indicated his desire to purchase some heroin, appellant took him behind the store fronts where he introduced him to two individuals from whom the detective purchased a total of three baggies of heroin. From the first individual the detective purchased heroin packaged in two small orange Ziploc baggies; from the second individual the detective purchased heroin packaged in a clear Ziploc baggie with blue writing on it. The detective then left the area.
Less than an hour after the sale, Detective Bell returned to the police station where he identified appellant through a photograph database as the person who introduced him to the sellers, and he wrote up his report, writing the "centralized complaint" number 6150909547 on all relevant documents. A State chemist, who was qualified as an expert in the chemical analysis and identification of heroin, testified that she received a package with the same complaint number from the evidence control unit (ECU). She analyzed the substances found in the three baggies inside the package and determined that the substance was heroin. Over objection, the drugs and chemist report were admitted into evidence.
We shall provide additional facts as necessary below.
DISCUSSION:
Appellant argues on appeal that the State failed to establish a proper chain of custody of the suspected drugs because the State failed to produce the packaging/submitting officer as a witness. Without the packaging/submitting officer, appellant argues the State failed to "guarantee the integrity of the physical evidence," and therefore, the trial court erred in admitting the drug evidence and chemist report.
Chain of custody, as you saw from the readings, is one of the most important aspects of evidence collection and processing. Review the case attached below addressing chain of custody and respond to the questions.
If the Defendant in a criminal case makes a timely and proper demand, for the presence of all persons in the chain of custody, is it a legal error for the trial court to admit drug evidence where the State fails to call the "packaging" officer as a witness?
Did the trial court err in allowing the admission of the drug evidence in view of the lack of proper chain of custody?
Did the police department and state establish chain of custody?