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Designation: E 860 97 (Reapproved 2006)

Standard Practice for


Examining And Preparing Items That Are Or May Become
Involved In Criminal or Civil Litigation1
This standard is issued under the fixed designation E 860; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (e) indicates an editorial change since the last revision or reapproval.

1. Scope 2. Referenced Documents


1.1 This practice sets forth guidelines for handling of items 2.1 ASTM Standards: 2
that may have been involved in a specific incident that is or is E 1188 Practice for Collection and Preservation of Informa-
reasonably expected to be the subject of criminal or civil tion and Physical Items by a Technical Investigator
litigation. E 1459 Guide for Physical Evidence Labeling and Related
1.2 The approach outlined is recommended as good profes- Documentation
sional practice even though the facts and issues of each E 1492 Practice for Receiving, Documenting, Storing, and
situation require specific consideration, and may involve mat- Retrieving Evidence in a Forensic Science Laboratory
ters not expressly dealt with herein. Not every portion of this 2.2 Other Documents:
document may be applicable to every incident or investigation. NFPA 921 Guide for Fire and Explosion Investigations
It is up to the individual preparing the report to apply the
appropriate recommended procedures in this guide to a par- 3. Significance and Use
ticular incident or investigation. In addition, it is recognized 3.1 This practice sets forth the guidelines for the examina-
that time and resource limitations or existing policies may limit tion and testing of evidence that is, or may become involved in
the degree to which recommendations in this document will be litigation. It outlines procedures to be followed to document
applied in a given investigation. The responsibility of the the nature, state, or condition of evidence. It also describes
individual preparing the report ( or anyone who handles or specific actions that are required if planned testing, examina-
examines evidence) for evidence preservation, and the scope of tion, re-examination, disassembly, or other action is likely to
that responsibility varies based on such factors as the jurisdic- alter the nature, state, or condition of the evidence so as to
tion, the status of the individual as a public official or private preclude or adversely limit additional examination and testing.
sector investigator, indications of criminal conduct, and appli-
cable laws and regulations. 4. Procedure
1.2.1 If compliance with this standard is claimed, the 4.1 The person, firm, or corporation conducting examina-
justifications for any such deviations from this standard must tions or tests of the evidence must document the nature, state,
be documented. and condition of the evidence by descriptive, photographic, or
1.3 This standard does not purport to address all of the other suitable methods prior to any test examination, re-
safety concerns, if any, associated with its use. It is the examination, disassembly, or alteration. An attempt should be
responsibility of the user of this standard to establish appro- made to determine and document change(s), alteration(s) or
priate safety and health practices and determine the applica- contamination of the evidence subsequent to the incident.
bility of regulatory limitations prior to use. 4.2 If proposed tests, examinations, or other actions are
likely to alter the nature, state, or condition of the evidence so
as to preclude or limit additional examination and testing, the
person, firm, or corporation planning to perform the proposed
action shall:

1
This practice is under the jurisdiction of Committee E30on Forensic Sciences
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and is the direct responsibility of Subcommittee E30.05 on Forensic Engineering For referenced ASTM standards, visit the ASTM website, www.astm.org, or
Sciences. contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM
Current edition approved Feb. 15, 2006. Published March 2006. Originally Standards volume information, refer to the standards Document Summary page on
approved in 1982. Last previous edition approved in 1997 as E 860 97. the ASTM website.

Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.

1
E 860 97 (2006)
4.2.1 Notify its client that the proposed action is likely to 4.4.1 TO maintain the chain of custody, follow the proce-
alter the nature, state, or condition of the evidence so as to dures set forth in Practice E 1492.
preclude or limit additional examination or testing of the 4.5 For further guidance on the handling of evidence, and
evidence. the avoidance of spoliation in cases related to fires, see Chapter
4.2.2 Recommend that its client notify other interested 9 of NFPA 921.
parties of the proposed action described in 4.2, and 5. Documentation
4.2.3 Recommend to its client that other interested parties
5.1 Methods used and results obtained in tests, examina-
be given the opportunity to participate in the procedures
tions, disassembly, or other actions conducted in compliance
described in 4.1 or to witness and record any such actions.
with this practice, shall be documented and preserved.
4.3 If compelling reasons exist for performing actions 5.2 Document the procedures used according to Practice
without notifying other parties, then the person, firm or E 1188.
corporation planning the actions must draft and preserve 5.3 Label any new items of evidence resulting from the
documentation supporting the compelling reasons for such testing according to the procedures set forth in Guide E 1459.
action.
4.4 Upon the completion of the actions, each item of 6. Keywords
evidence must be preserved in a manner that protects and 6.1 evidence collection and preservation; forensic engi-
maintains its identity and integrity. neers; forensic sciences

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of infringement of such rights, are entirely their own responsibility.

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