Standard Practice for Examining And Preparing Items That Are Or May Become Involved In Criminal or Civil Litigation

SIGNIFICANCE AND USE
This practice establishes procedures to be followed to document the nature, state, or condition of items of evidence. It also describes specific actions that are required if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that are or may be reasonably expected to be the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education, training, or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances.
This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.

General Information

Status
Historical
Publication Date
31-Mar-2007
Current Stage
Ref Project

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ASTM E860-07 - Standard Practice for Examining And Preparing Items That Are Or May Become Involved In Criminal or Civil Litigation
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NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information
Designation: E860 − 07
StandardPractice for
Examining And Preparing Items That Are Or May Become
1
Involved In Criminal or Civil Litigation
This standard is issued under the fixed designation E860; 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 (´) indicates an editorial change since the last revision or reapproval.
1. Scope E1492 Practice for Receiving, Documenting, Storing, and
Retrieving Evidence in a Forensic Science Laboratory
1.1 This practice sets forth guidelines for the examination
E1843 Guide for SexualAssault Investigation, Examination,
and testing of actual items or systems (hereinafter termed
and Evidence Collection
evidence) that may have been involved in a specific incident
thatareormaybereasonablyexpectedtobethesubjectofcivil 2.2 Other Documents:
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or criminal litigation. This practice is intended to become NFPA 921 Guide for Fire and Explosion Investigations
applicable when it is determined that examination or testing of
evidence is required, and such examination is likely to change
3. Terminology
the nature, state or condition of the evidence.
3.1 Definitions:
1.2 This practice recommends generally acceptable profes-
3.1.1 destructive testing— testing, examination, re-
sional practice, although the facts and issues of each situation examination, disassembly, or other actions likely to alter the
may require specific considerations not expressly addressed
original, as-found nature, state or condition of items of
herein. Deviations from this practice are not necessarily wrong evidence so as to preclude or adversely affect additional
or inferior, but such deviations should be justified and docu-
examination and testing.
mented.
3.1.2 Spoliation of evidence—the loss, destruction, or mate-
rial alteration of an object or document that is evidence or
1.3 This practice offers a set of instructions for performing
potential evidence in a legal proceeding by one who has the
one or more specific operations. This document cannot replace
responsibility for its preservation. Spoliation of evidence may
education, training, or experience and should be used in
occur when the movement, change or destruction of evidence,
conjunction with professional judgment. Not all aspects of this
or alteration of the scene significantly impairs the opportunity
practice may be applicable in all circumstances.
of other interested parties to obtain the same evidentiary value
1.4 This standard does not purport to address all of the
from the evidence as did any prior investigator.
safety concerns, if any, associated with its use. It is the
responsibility of the user of this standard to establish appro-
4. Significance and Use
priate safety and health practices and determine the applica-
bility of regulatory limitations prior to use.
4.1 This practice establishes procedures to be followed to
document the nature, state, or condition of items of evidence.
2. Referenced Documents
It also describes specific actions that are required if planned
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2.1 ASTM Standards: testing, examination, disassembly, or other actions are likely to
E1188 Practice for Collection and Preservation of Informa- alter the nature, state, or condition of the evidence so as to
tion and Physical Items by a Technical Investigator preclude or adversely limit additional examination or testing.
E1459 Guide for Physical Evidence Labeling and Related
Documentation 5. Procedure
5.1 The person, firm, or agency conducting examinations or
1
tests of the evidence should document the nature, state, and
This practice is under the jurisdiction of Committee E30 on Forensic Sciences
and is the direct responsibility of Subcommittee E30.11 on Interdisciplinary
conditionoftheevidencebydescriptive,photographic,orother
Forensic Science Standards.
suitable methods prior to any test, examination, re-
Current edition approved April 1, 2007. Published June 2007. Originally
examination, disassembly, or alteration.
approved in 1982. Last previous edition approved in 2006 as E860 – 97 (2006).
DOI: 10.1520/E0860-07.
2
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM
3
Standards volume information, refer to the standard’s Document Summary page on Available from National Fire Protection Association (NFPA), 1 Batterymarch
the ASTM website. Park, Quincy, MA 02169-7471, http://www.nfpa.org.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
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E860 − 07
5.1.1 Attempt to determine any change(s), alteration(s) or be presumed to be on notice that seiz
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