Army Regulation 195–5

Criminal Investigations

Evidence
Procedures

Headquarters
Department of the Army
Washington, DC
28 August 1992

UNCLASSIFIED
SUMMARY of CHANGE
AR 195–5
Evidence Procedures

This revision--

o Establishes requirement that USACIDC military evidence custodians be

enlisted special agents unless no accredited enlisted agents are available.
Further, it allows civilian special agents and investigative operations
assistants to be evidence custodians under certain circumstances. It also
allows civilians to be MP evidence custodians (para 1-6).

o Establishes policy that failure to follow provisions of the regulation will

not affect admissability of evidence in a criminal trial unless the evidence
is otherwise inadmissable (para 1-7).

o Replaces the shoe tag DA Form 4002 (Evidence/Property Tag)with a self-

adhesive label. Blocks for time, date, and initials have been added making the
form multipurpose and enabling it to be affixed directly to heat sealed
evidence bags and non-porous items.Further, eliminates the requirement for
the smaller label over the heat sealed strip on heat sealed evidence bags
(paras 2-1 and 5-2b(4)).

o Delegates authority to USACIDC region commanders to warrant officers as

evidence custodians, and to grant relief from accountability of evidence
(paras 1-6 and 3-3b).

o Establishes procedures for using plain bond paper for continuation pages for
listing of evidence, rather than additional copies of DA Form 4137 (para 2-3).

o Addresses special handling and transmittal of evidence requiring expeditious

handling in processing and forwarding to forensic laboratory, as established
by Byrd Amendment (para 2-7c(2)).

o Allows limited exception for U.S. Army Criminal Investigation Laboratories to

make final disposition of evidence when the laboratory commander, the
contributor, and advising Staff Judge Advocate, agree that final disposition
by the laboratory is in the Government’s best interest (para 2-7d(3).

o Establishes formal procedures for release of evidence to civilian agencies

(para 2-8d).

o Articulates special considerations when making final disposition of effects

of deceased or missing personnel to preclude causing embarrassment or added
sorrow to next of kin (para 2-8j(9)).

o Allows for contraband firearms, or those used in the commission or attempted

commission of an offense, to be forwarded to the U.S. Army Criminal
Investigation Laboratory-CONUS for final disposition. Further, establishes
certain procedures to be followed prior to firearms used in suicides being
forwarded to that laboratory for final disposition. (paras 2-8j(12) (c)
and(d)).
o Establishes special processing procedures for certain 6(e)(Federal Grand
Jury Materials) held as evidence (para 2-9).

o Establishes procedures for long-term retention of certain evidence (para 2-

12).

o Provides safety procedures for handling actual or suspected contaminated

evidence (for example Acquired Immune Deficiency Virus, Hepatitis) (para 2-
13).

o Establishes limited exception to requirement for monthly inspections or

quarterly inventories when the evidence room has had no accountable evidence
since the previous inspection or inventory(paras 3-1c and 3-2b).

o Allows for use of modified Class V container for evidence storage at locations
where evidence volume is insufficient to justify construction of an evidence
room (para 4-1d).

o Includes separate chapter establishing procedures for submission of evidence

to USACIL for examination, and addresses special procedures for laboratory
examination of certain evidence which falls under the Garries Ruling (chap
5).
Headquarters *Army Regulation 195–5
Department of the Army
Washington, DC
28 August 1992 Effective 28 September 1992

Criminal Investigations

Evidence Procedures

procedures, including the collection, account- regulation are not official unless they are au-
ability, preservation, and disposition of evi- thenticated by the Administrative Assistant to
dence. It also delineates responsibility and the Secretary of the Army. Users will destroy
authority between Military Police and the U. interim changes on their expiration dates un-
S. Army Criminal Investigation Command as less sooner superseded or rescinded.
they apply to evidence procedures.
Applicability. This regulation applies to the Suggested Improvements. The propo-
Active Army, the Army National Guard, and nent agency for this regulation is the Office
the U.S. Army Reserve. All provisions of this of the Deputy Chief of Staff for Operations
regulation are in effect during mobilization.
and Plans. Users are invited to send com-
Proponent and exception authority. ments and suggested improvements on DA
Not applicable Form 2028(Recommended Changes to Publi-
Army management control process. cations and Blank Forms) directly to HQDA
This regulation is subject to the requirements (DAMO–ODL), WASH DC 20310–0440.
of AR 11–2. It contains internal control pro-
visions but does not contain checklists for
History. This UPDATE printing publishes a conducting internal control reviews. These Distribution. Distribution of this publica-
revision of this publication. This publication checklists are in DA Circular 11 series. tion is made in accordance with the require-
has been reorganized to make it compatible Supplementation. Supplementation of this ments on DA Form 12–09–E, block number
wit the Army electronic publishing database. regulation and the establishment of command 3187, intended for levels A for Active Army,
Not content has been changed. and local forms are prohibited without prior D for Army National Guard, and A for U.S.
Summary. This regulation on criminal in- approval from HQDA (DAMO–ODL), Army Reserve.
vestigation evidence procedures has been re- WASH DC 20310–0440.
vised. It covers Department of the Army Interim changes. Interim changes to this
policy on criminal investigation evidence

Contents (Listed by paragraph and page number) Retention of evidence • 2–12, page 11
Special handling and safety precautions • 2–13, page 11
Chapter 1
General, page 1 Chapter 3
Purpose • 1–1, page 1 Inspections, Inventories, and Inquiries, page 17
References • 1–2, page 1 Inspections • 3–1, page 17
Explanation of abbreviations and terms • 1–3, page 1 Inventories • 3–2, page 17
Responsibilities • 1–4, page 1 Inquiries • 3–3, page 18
Requests for waiver • 1–5, page 1
Primary and alternate evidence custodians • 1–6, page 1 Chapter 4
Policy • 1–7, page 1 Security Standards for Evidence Storage, page 18
Storage concepts • 4–1, page 18
Chapter 2 Evidence room • 4–2, page 18
Recording and Accountability of Evidence, page 2 Temporary evidence facilities • 4–3, page 19
Identification • 2–1, page 2 Security • 4–4, page 20
Sealing • 2–2, page 3
Preparation of DA Form 4137 • 2–3, page 3 Chapter 5
Processing of DA Form 4137 by the evidence custodian • 2–4, Submission of Evidence to U.S. Army Criminal
page 4 Investigation Laboratories, page 20
Evidence ledger • 2–5, page 4 Processing of evidence • 5–1, page 20
Maintenance of evidence • 2–6, page 5 Sealing • 5–2, page 20
Temporary release of evidence • 2–7, page 5 Expeditious handling and examination of evidence • 5–3, page 21
Final disposition of evidence • 2–8, page 6 Special circumstances • 5–4, page 21
Special processing procedures for certain 6(e) (Federal Grand Jury
materials) evidence • 2–9, page 8
Use of controlled substances for training • 2–10, page 10
Field testing of controlled substances • 2–11, page 10

*This regulation supersedes AR 195-5, 15 October 1981.

AR 195–5 • 28 August 1992 i

UNCLASSIFIED
Contents—Continued

Appendix A. References, page 25

Figure List

Figure 1–1: Sample of appointment document, page 2

Figure 2–1: Sample of a completed DA Form 4002, page 3
Figure 2–2: Sample of a completed DA Form 4137, page 12
Figure 2–2: Sample of a completed DA Form 4137—Continued,
page 13
Figure 2–2: Sample of a completed DA Form 4137—Continued,
page 14
Figure 2–3: Sample of evidence ledger page, page 15
Figure 2–4: Sample of a completed DD Form 1131, page 16
Figure 5–1: Sample of a completed DA Form 3655, page 22
Figure 5–1: Sample of a completed DA Form 3655—Continued,
page 23

Glossary

Index

ii AR 195–5 • 28 August 1992

Chapter 1 (a) DA Form 4283 (Facilities Engineering Work Request) for
General facilities engineering.
(b) A copy of the document requesting the required items from
1–1. Purpose supply channels.
This regulation provides standards for receiving, processing, d. Approved waivers. If the waiver is approved, the requesting
safeguarding, and disposing of physical evidence acquired by spe- agency will keep a copy of the approved request until the deficiency
cial agents of the U.S. Army Criminal Investigation Command is corrected or the waiver expires. Waivers will normally not be
(USACIDC), Military Police (MP), and Department of the Ar- effective for more than 1 year.
my(DA) employees and contractor personnel who are assigned to
civilian police or security guard positions involving the enforcement 1–6. Primary and alternate evidence custodians
of law and security duties on Army installations or activities. a. Qualifications.
(1) Military evidence custodians.
1–2. References (a) USACIDC activities. Except as authorized by (2) below, the
Required and related publications and prescribed and referenced USACIDC evidence custodian (primary and alternate) must be an
forms are listed in appendix A. accredited enlisted special agent. Approval for use of a warrant
officer special agent in this capacity is delegated to USACIDC
1–3. Explanation of abbreviations and terms region commanders.
Abbreviations and special terms used in this regulation are ex- (b) MP activities. The evidence custodian must be a commis-
plained in the glossary. sioned MP officer or a noncommissioned officer (NCO) in military
occupational specialty(MOS) 95B/C in the rank of sergeant or
1–4. Responsibilities above.
a. The Commanding General, USACIDC, will— (2) Civilian evidence custodians.
(1) Prescribe policies and procedures for processing and securing (a) USACIDC activities. In the absence of available accredited
evidence. enlisted or warrant officer special agents, accredited DA civilian
(2) Prescribe methods to secure and account for evidence at U.S. special agents may be appointed as evidence custodians. At a loca-
Army Criminal Investigation Laboratories (USACILs). tion where there is no authorized enlisted evidence custodian specif-
b. Unit commanders of USACIDC, as appropriate, will— ically designated as such in personnel authorization documents, fully
(1) Appoint in writing primary and alternate evidence custodians. qualified DA civilian investigative operations assistants, Job Series
(2) Supervise the evidence custodian. GS–1802, may be appointed as primary evidence custodians. At
(3) Ensure proper handling and processing of evidence and in- locations with both an authorized enlisted evidence custodian and an
spect the evidence room monthly. Inspection may be conducted by investigative operations assistant, the investigative operations assist-
the Executive Officer, Operations Officer, Special Agent-in-Char- ant may be assigned as the alternate evidence custodian.
ge(SAC), or Chief Investigative Support (CIS), providing they are (b) MP activities. If a civilian is authorized, the grade level will
not performing duties as the primary or alternate evidence be determined by a classification accomplished by the local civilian
custodian. personnel office. A civilian must have a favorable background in-
c. Provost marshals (PMs) will— vestigation to be appointed or retained as evidence custodian.
(1) Appoint in writing primary and alternate evidence custodians b. Appointment. A copy of the appointing documents (fig 1–1)
for MP activities. The PM may appoint a DA civilian employee as will be kept in the evidence room under file Number 310–2c. The
evidence custodian. appointing documents will be filed as long as the primary and
(2) Supervise the evidence custodian. alternate custodians retain the positions. Cite this regulation as au-
(3) Ensure proper handling and processing of evidence and con- thority to appoint the primary and alternate evidence custodians.
duct an inspection of the evidence room monthly. The Deputy PM c. Temporary custodianship.
or operations officer may conduct the monthly inspection for the (1) On assuming duties of the primary evidence custodian, the
PM. alternate will enter and sign the following statement in the evidence
d. The primary evidence custodian will— ledger immediately below the last entry: ’I (Name), on(Date), as-
(1) Account for, preserve, safeguard, and dispose of all evidence sume all duties of the primary evidence custodian during the tempo-
received in the evidence room in a timely manner. rary absence of the regularly appointed custodian. I accept
(2) Maintain all evidence records and files per this regulation. responsibility and accountability for all evidence in the evidence
(3) Protect evidence from loss, deterioration, and needless room. (Signature of Alternate Evidence Custodian).’
damage. (2) On return from temporary absence, the primary evidence cus-
e. The alternate evidence custodian will assume duties of the todian will ensure that all entries on records from evidence taken in,
primary evidence custodian during his or her temporary absence.Te- released, or disposed of by the alternate evidence custodian are
mporary absence is normally more than 1 duty day and not more correct and accurate. After ensuring that the records are correct and
the evidence is accounted for and properly documented, the primary
than 30 consecutive days.
evidence custodian will enter and sign the following statement in the
1–5. Requests for waiver evidence ledger, immediately below the last entry: ’I (Name), on
a. USACIDC activities. Requests for waiver to this regulation (Date), resume my position as primary evidence custodian and ac-
will be sent to the Commander, USACIDC, ATTN: CIOP–PP–PO, cept responsibility and accountability for all evidence in the evi-
5611 Columbia Pike, Falls Church, VA 22041–5015. dence room. (Signature of Primary Evidence Custodian).’
b. MP activities. The installation commander may approve re- (3) If the primary evidence custodian finds that the alternate has
quests for waiver.Information copies will be furnished to the com- made an incorrect entry, he or she will immediately inform the
mander of the major Army command (MACOM) concerned. responsible CID supervisor or PM. The primary evidence custodian
c. Documentation required. will also prepare a memorandum outlining the error and corrective
action taken. The original will be filed with the proper DA Form
(1) Request for waiver will—
4137 (Evidence/Property Custody Document) or in a file folder
(a) Describe deficiencies.
under Number 195–5a if the error was not on a DA Form 4137. A
(b) Explain why corrective action cannot be taken. copy of the memorandum will be placed in the proper case file.
(c) Describe any compensatory measures.
(d) State if the deficiency is permanent or temporary. 1–7. Policy
(2) If the request involves structural deficiencies or the issue of a This regulation is for the internal management, control, and disposi-
supply item, enclose— tion of evidence of criminal misconduct. It does not create or confer

AR 195–5 • 28 August 1992 1

rights upon criminal defendants in judicial, nonjudicial, or adminis-
trative proceedings. Failure to follow any provision of this regula-
tion will not affect the admissibility of evidence at a court-martial
unless the Military Rules of Evidence independently result in a
ruling that the evidence is not admissible.

DEPARTMENT OF THE ARMY

ORGANIZATIONAL NAME/TITLE
CITY, STATE, AND ZIP CODE

CIRCA–RMC (310–2c) 1 May 90

MEMORANDUM FOR SFC Cleophus R. Little,125–08–3622, Fort McClellan Resident Agency, Third Region,
U.S. Army Criminal Investigation Command, Fort McClellan, AL 36205–5000

SUBJECT: Duty Appointment: Primary Evidence Custodian

1. Effective 1 May 90, you are appointed as the Primary Evidence Custodian for the Fort McClellan Resident Agency.

2. Authority: Paragraph 1–4b. AR 195–5.

3. Purpose: To perform duties as outlined in AR 195–5.

4. Period: Indefinite.

5. Special Instructions: Memorandum dated 21 Mar 89, SAB, is hereby rescinded.

JAMES B. WHITE
CW3, USA
Special Agent-in-Charge

DISTRIBUTION:
SFC Little
Admin File
Evidence Room File

Figure 1-1. Sample of appointment document

Chapter 2 it may be affixed to a blank shoe tag which is attached to the

Recording and Accountability of Evidence item. Requests for DA Form 4002 should be sent to Commander,
U.S. Army Publications and Distribution Center-Baltimore, 2800
2–1. Identification Eastern Blvd., Baltimore, MD 21220–2896.
a. The DA law enforcement person first assuming custody of
evidence will mark the evidence itself for future identification. If
such marking is not possible, the evidence will be put in a container
that can be marked. The marking will consist of time and date of
acquisition and the initials of the person who assumes custody of
the evidence. Further guidance is in FM 19–20.
b. A DA Form 4002 (Evidence/Property Tag), self-adhesive (fig
2–1), will be attached to each item of evidence to identify and
control it. When items are grouped together (for example, a box
containing tools) and listed as one item on an evidence custody
document, only one tag will be used. The self-adhesive revised
version replaces the shoe tag version of the Evidence/Property
Tag;however, the shoe tag version will be used when appropriate
until supplies are exhausted. When the self-adhesive version is used,
it may be affixed directly to the item of evidence, if appropriate, or

2 AR 195–5 • 28 August 1992

 Blvd., Baltimore, MD 21220–2896. For the purposes of this regula-
tion, the DA Form 4137 will be referred to as an evidence custody
document.
b. The DA law enforcement person who first acquired the evi-
dence must prepare the evidence custody document, with an original
and three copies. When evidence is received from a person for the
first time, or during the execution of a search warrant, the last copy
of the signed evidence custody document will be given as a receipt
to the person releasing the evidence or left in compliance with
instructions for completing the search warrant. When evidence is
not obtained from a person or seized pursuant to executing a search
warrant, but seized during processing of a crime scene, all copies of
the evidence custody document will be turned over to the evidence
custodian for processing and distribution per paragraph 2–4. (See
para 2–9 for special instructions applicable to Federal Grand Jury
materials held as evidence.)
c. When evidence is sealed in a container, the ’Description of
Articles’ section will be annotated as follows: ’Sealed in a plastic
bag (or whichever container applies).’
d. Any change in custody of evidence, after the USACIDC or
MP acquire it, will be recorded in the ’Change of Custody’ section
of the evidence custody document. Personnel handling or processing
physical evidence must preserve the integrity of the evidence while
it is under their control. Personnel must also maintain the chain of
custody entries on the original evidence custody document and cop-
ies, as appropriate. When custody of sealed fungible evidence or
other sealed evidence is changed, the ’Purpose of Change of Cus-
tody’column will be noted ’Sealed container received, contents not
inventoried.’ This may be abbreviated as ’SCRCNI.’
e. Evidence custodians will review the evidence custody docu-
ment submitted with evidence and have the submitting agent correct
and initial all errors when possible. (See para 2–9 for special in-
Figure 2-1. Sample of a completed DA Form 4002 structions applicable to Federal Grand Jury materials held as evi-
dence.) When evidence is received from a non-Army law
enforcement agency, the special agent or MP who first receives it
c. Careful consideration should be given to how and where iden- will inventory and mark the evidence if the other agency has not
tification marks are placed upon items. Unnecessary damage or already done so, and will prepare an evidence custody document.
destruction of items of personal property or valuable items that may Any receipts or chain of custody documents from the other agency
ultimately be returned to the owner is unwarranted. Example: etch- will be attached to the evidence custody document. This require-
ing time, date, and initials on the barrel, frame, and cylinder of a ment does not apply to USACIL. Evidence custodians will not
new.357 magnum pistol seized solely for safekeeping or minor of- breach or inventory the contents of sealed containers, but will anno-
fenses such as failure to register the weapon on post; or, scratching tate the ’Purpose of Change of Custody’ with SCRCNI.
the required markings on an antique wooden music box recovered f. Limitation .0015 Contingency Funds seized as evidence will be
during apprehension of the suspect of a housebreaking/larceny. To identified on the evidence custody document as .0015 funds. A copy
avoid defacing or damaging such items, identification markings of the DD Form 281 (Voucher for Emergency or Extraordinary
should be as inconspicuous as possible; otherwise, place the item in Expense Expenditures) that provided the CID funds seized as evi-
a container that can be sealed and marked for identification. Such dence will be maintained with the original of the evidence custody
nonporous items may be alternatively marked by affixing a properly document.
completed self-adhesive Evidence/Property Tag. g. When continuation pages are necessary for listing additional
d. When heat-sealed bags are used as containers, a self-adhesive items of evidence, bond paper will be used as continuation pages.
Evidence/Property Tag will be affixed to the outside of each bag, After the last item entered on the first page of the evidence custody
away from the heat sealing strip. When the items of evidence con- document, the preparer will enter ’continued on page 2.’ If addi-
tained within the bag cannot be properly marked, marking time, date tional pages are required, the last item listed on each page will be
and initials on the Evidence/Property Tag on the exterior of the bag followed by a similar entry - ’continued on pages 3, 4, 5,’ and so
is appropriate. There is no requirement for any additional label to be on, as appropriate. Continuation pages will have the appropriate
affixed on the heat sealing strip at the point the strip is embossed. Military Police Report (MPR) or CID Sequence/Report of Investiga-
(See para 5–2b(4) for detailed instructions on use of heat-sealed tion (ROI) number placed in the upper right corner and begin with
bags.) ’Continuation of Description of Articles received from(identify per-
son listed on the evidence custody document).’ The listing of items
will continue until all items seized have been recorded. The ’Last
2–2. Sealing
Item’ entry will be made when the listing of all items has been
Instructions for sealing evidence containers and for submitting evi- exhausted. Continuation pages prepared on bond paper may be re-
dence to USACILs are detailed in chapter 5. (See para 2–9 for produced to provide sufficient copies for evidence processing. The
special instructions applicable to Federal Grand Jury materials held evidence custody document will not be cut off and the chain of
as evidence.) custody will begin and continue on the evidence custody document.
h. When extra pages are necessary for continuing the chain of
2–3. Preparation of DA Form 4137 custody, a new evidence custody document will be used. The report
a. Regardless of how it is obtained, all physical evidence will be number, receiving activity, location, and person from whom re-
inventoried and recorded on DA Form 4137 (figs 2–2 through 2–4). ceived, will be entered as shown on the original voucher. The
Requests for DA Form 4137 should be sent to Commander, U.S. following entry will be placed in the middle of the description of
Army Publications and Distribution Center-Baltimore,2800 Eastern articles section: ’Continuation of Chain of Custody, dated (enter last

AR 195–5 • 28 August 1992 3

date shown on chain of custody where preceding chain of custody 195–5a. This inactive file will be numbered as in e(1)above. This
page ended).’ The chain of custody will then continue until evidence file will be maintained in the evidence room. The evidence custody
is disposed of or a new continuation sheet is required. documents will be disposed of per AR 25–400–2. Once the original
evidence custody document has been placed in the separate inactive
2–4. Processing of DA Form 4137 by the evidence evidence custody document file, duplicate copies may be destroyed.
custodian g. When the evidence custody document pertains to an ROI or
a. Except in unusual circumstances, physical evidence will be DA Form 3975 (Military Police Report), a copy of the evidence
released to the evidence custodian no later than the first working custody document will be forwarded to the U.S. Army Crime Re-
day after it is acquired. Evidence acquired during nonduty hours cords Center(USACRC) as an attached exhibit to the final report. If
will be secured in a temporary storage container per paragraph 4–3. the evidence was collected after the final report was submitted, a
It will be controlled by the person securing it until released to the copy of the evidence custody document will be forwarded as an
custodian. Activities served by an evidence room in a separate exhibit to the supplemental report. A copy of the evidence custody
location will release the evidence either physically or by registered document will also be attached to the office file copy of the report.
mail to the servicing evidence custodian within 2 working days after h. The suspense copy of the evidence custody document will be
the evidence is acquired. Transmittal procedures in paragraph 2–7 placed in the inactive evidence custody document file (noting the
will be followed. (See para 2–9 for special instructions applicable to disposition of the original form) if one of the following conditions
Federal Grand Jury materials held as evidence.) exist:
b. On receipt of the evidence and evidence custody document, (1) The original evidence custody document is entered as a per-
the evidence custodian will assign a document number. This docu- manent part in the record of trial.
ment number is two groups of digits, separated by a hyphen. The (2) The document accompanies evidence released to an external
first group is the number of the document beginning with the num- agency.
ber ’1’for the first evidence custody document received for the (3) The document is not available for other reasons.
calendar year; the second group stands for the current calendar year i. When controlled substance evidence is returned to the evidence
(for example, 1–90). The number is assigned by order of precedence custodian after a temporary release other than for laboratory exami-
from the evidence ledger (para 2–5). The number will be on all nation, any apparent changes in the substance will be annotated in
copies of evidence custody document (to include continuation pages the ’Purpose of Change of Custody’ column on the evidence cus-
prepared on bond paper) and Evidence/Property Tag. tody document. A memorandum for record explaining the apparent
c. The evidence custodian will distribute the evidence custody changes will also be prepared and attached to the evidence custody
document (except the receipt copy) after the chain of custody is document by the evidence custodian. If the change was due to
complete and all copies of the form are assigned a document num- conduct of a field test, a copy of the field test form will be attached
ber.The custodian will keep the original and first copy of the evi- and no memorandum for record is required. When a controlled
dence custody document. The second copy will be given to the CID substance is consumed during laboratory analysis, a copy of the
special agent or MP and will be placed in the proper case file. laboratory report will be attached to the evidence custody document
d. The location of the evidence in the evidence room will be by the evidence custodian.
shown in pencil on the bottom margin of the evidence custody
document. Location changes in the evidence room will be kept 2–5. Evidence ledger
current by erasing the previous entry and noting the new location. a. Accountability. The evidence ledger shows accountability
e. Active evidence custody document files kept by the evidence through cross-reference with the evidence custody document. It ac-
custodian will contain the original and first copy of the form that counts for document numbers assigned to evidence custody docu-
pertains to evidence for which the custodian must account. ments per paragraph 2–4b. Evidence ledgers must be bound books
and will follow the disposition schedule set for Modern Army Re-
(1) Active evidence custody document files will be put in numer-
cord-keeping System (MARKS) files category 195–5a, per AR
ical sequence in a file folder no thicker than 3/4 inch, or so that no
25–400–2, paragraph B–10.
more than 50 vouchers with attached documents are contained in a
b. Preparation and maintenance of the evidence ledger. The evi-
folder. The number and year of the documents in the folder will be
dence ledger is prepared with six columns that span two facing
shown on the outside (for example, 01–90 through 50–90.)
pages when the book is opened. (See fig 2–3 for column headings.)
(2) When evidence is temporarily released from the evidence
Each page needs not show the column headings. At a minimum,
room for any reason (for example, sent to USACIL for examination,
though, the first page of the ledger and the first page beginning a
or provided for an Article 32 investigation or court-martial), the
new calendar year will show headings. Both vertical and horizontal
original evidence custody document will go with the evidence, and
lines are used to separate entries. Blue or black ink will be used to
the first copy of the evidence custody document will be detached make the entries. The lines separating entries may be in a different
from the original and retained in a suspense folder until the evi- color.
dence is returned to the evidence room. (1) The columns provide a history of evidence custody. (See para
(3) At least three suspense folders will be kept as follows: 2–9 for special instructions applicable to Federal Grand Jury
(a) One labeled ’USACIL’ for evidence sent to laboratories. materials held as evidence.) The columns should be completed as
(b) One labeled ’ADJUDICATION’ for evidence on temporary follows:
release to Article 32 investigating officers, courts, staff judge advo- (a) Document number and date received. This column contains
cate (SJA) officers, or other persons for legal proceedings. the document number assigned to the evidence custody document by
(c) One labeled ’PENDING DISPOSITION APPROVAL’ for the the evidence custodian. The date the evidence custody document is
first copy when the original form is sent to the SJA for approval of received in the evidence room is entered below this number.
disposition. (b) CID control number or MPR number. The number assigned
(d) Others, if needed, as management tools. Evidence custodians to the investigation to which the evidence pertains is entered in this
should establish a suspense system to maintain the status of evi- column. When evidence pertains to both a CID and MP investiga-
dence custody documents and evidence at all times. This is not tion, the corresponding control number should be entered in the
meant to be an additional administrative burden but a tool to assist remarks column (for example, the CID control number would be
in the timely disposition of evidence and to prevent lost or mis- entered in the MP evidence ledger, or the MPR number would be
placed evidence. entered in the CID evidence ledger).
f. After all items of evidence listed on an evidence custody docu- (c) Description of evidence. A brief description of the evidence is
ment have been properly disposed of, the original evidence custody entered in this column. The item number from the evidence custody
document, and related documents, will be placed in a separate evi- document will be included in this entry. Fungible or other evidence
dence custody document file labeled inactive under file Number sealed in a container will be briefly described from data on the

4 AR 195–5 • 28 August 1992

evidence custody document. This entry does not imply that the documents routinely associated with an investigation will not be
evidence custodian has inventoried the items. kept as evidence.
(d) Date of final disposition. The date the evidence is disposed e. When necessary to retain large items such as vehicles, the
of, as shown in the’Chain of Custody’ section of the evidence items may be kept in an impoundment lot, warehouse, or other
custody document, is entered in this column. When an evidence reasonably secure place.
custody document contains several items that are not disposed of on
the same date, the date of disposition for each item will be shown 2–7. Temporary release of evidence
opposite the item’s description. When all the items in an entry are a. Evidence will be removed from the evidence room only for
disposed of on the same date, only one date is entered, followed by permanent disposal or temporary release for specific reasons. Some
the words ’all items’ (for example, 25 Jun 90—all items). of the most common reasons for temporary release are—
(e) Final disposition. A brief note on the means of final disposi- (1) Transmittal to a crime laboratory for forensic examination.
tion is entered in this column opposite the item’s description. When (2) Presentation at a criminal trial or a hearing pursuant to Article
all items in the entry have been disposed of in the same manner, the 32, Uniform Code of Military Justice (UCMJ).
means of disposal will be listed once, preceded by the words ’all b. The person to whom evidence is either temporarily or per-
items’(such as, all items burned). manently released will physically inventory the evidence and sign
(f) Remarks. This column is used to record any information the for it in the ’Received By’ column of the ’Chain of Custody’ section
evidence custodian deems necessary. This may include cross-refer- on the original and first copy of the evidence custody document.
ences to another evidence custody document with evidence from the The person receiving temporary custody of the evidence must
same investigation; names of owners, subjects, or investigators;not- safeguard it and maintain the chain of custody until the evidence is
returned to the evidence custodian. The evidence custodian will
ations to show presence of .0015 funds; or results of laboratory
release the original evidence custody document to the person who
examinations. When fungible or other evidence is received in a
assumes temporary custody, to registered mail, or other transmittal
sealed container and is not inventoried, the notation ’SCRCNI’ will
channels, along with the evidence. The evidence custodian will then
be made.
put the first copy of the evidence custody document in the proper
(2) Whenever entries require signatures in the evidence ledger(for
suspense folder. When the evidence is returned, the original evi-
example, temporary absence of custodian, change of custodian, or
dence custody document, properly annotated by the custodian and
recording inspections, inventories, and inquiries) the entry will ex-
the person returning the evidence, will be put in the evidence cus-
tend across both pages of the ledger. This will be done by making a tody document file. The first (suspense) copy, with the chain of
straight line across both pages below the last evidence custody custody properly annotated, will be refiled with the original evi-
document recorded and again across both pages below the signed dence custody document. When items on the same evidence custody
entry. document must be temporarily released to more than one agency or
(3) A ledger book will normally be filled before starting a new person at the same time, copies will be used and processed as
one. If, in larger offices, the number of entries nearly fills a ledger, above.A note will be made on the original and first copy that copies
the remaining pages need not be used for the next year. A new have been made. The chain of custody for all evidence will be
ledger may be opened. Conversely, a small office may use only a recorded on the first copy of the evidence custody document. Per-
few pages per year, so the same ledger should be used for several sonnel receiving evidence, either on a temporary or a permanent
years. basis, will present necessary identification to ensure that evidence is
(4) After the last entry in the ledger for a calendar year, this handled only by authorized persons.
concluding statement will be entered in the ledger: ’This ledger c. Evidence that may contribute to the resolution of an investiga-
pertains to evidence custody documents from 001 through(enter tion but which requires technical examination or analysis will be
number) for calendar year (enter year).’ The first entry for the next processed promptly for submission to the supporting
calendar year begins on the next page. USACIL.Evidence not required to complete an investigation will not
(5) There will be no blank pages or lines left between ledger be submitted for examination.
entries. If spaces are left between entries they will be lined through (1) With the limited exception as indicated below, evidence will
and the term ’void’ annotated in the space with the initials of the be sent only to USACIL for examination. Evidence can be sent to
custodian. Erroneous entries will be voided with a line drawn other agencies for examination only after prior coordination with the
through the entry (so it may still be read) and initialed by the supporting USACIL commander. Evidence previously submitted to
custodian. another laboratory may be submitted to a USACIL only after prior
(6) The cover of the ledger book will identify the organization or coordination with the USACIL commander.
activity responsible for the evidence room and the dates spanned by (2) Any physiological specimen obtained for the purpose of de-
the entries. termining whether a person has used lysergic acid
diethylamide(LSD) will be submitted to a forensic laboratory capa-
2–6. Maintenance of evidence ble of determining with a reasonable degree of certainty whether
a. Evidence will be stored so that the integrity and physical such person has used LSD. Prior coordination with the USACIL
characteristics are maintained. (See para 2–9 for special instructions commander will be made to determine if that USACIL is capable of
applicable to Federal Grand Jury materials held as evidence.) testing for LSD and, if not, to recommend alternate testing facilities.
b. Items such as weapons will be kept in a clean, rust-free condi- (3) Physical evidence will be released to the evidence custodian
tion, but routine maintenance must not reduce their value as evi- for accountability purposes before submission to a laboratory for
dence. (For example, fingerprints should not be removed.) analysis. At locations with no evidence room, if promptness is a
c. Fingerprint cards obtained for comparison will not be main- factor, evidence may be sent directly without submission to the
tained in the evidence room, but in the proper case file. When such evidence custodian. In this case, the DA Form 3655(Crime Lab
cards are sent to a laboratory for comparison with other evidence Examination Request) will give instructions to the laboratory for
from the evidence room, the cards need not be listed on an evidence transfer of evidence to the proper evidence room. A copy of the
custody document. The description on the laboratory request is suf- evidence custody document will be sent to the proper evidence
ficient to connect the card with the evidence. When returned from room, logged in the evidence ledger with the remark ’not invento-
the laboratory, the fingerprint card will be placed again in the proper ried, evidence at lab’ and placed in the laboratory suspense file.
case file. Chain of custody will be maintained.
d. Documents that may clarify a point in question will be main- d. When evidence is mailed to a USACIL, it will be sent by
tained as evidence. This might include insufficient fund checks, registered mail unless receipt of forensic test results of physiological
forged or altered documents, and other questioned documents along evidence will delay a pending court-martial proceeding. In such an
with related standards or exemplars. Statements, records, and other event, alternate modes of transmittal as discussed in e below will be

AR 195–5 • 28 August 1992 5

used. The registered mail number will be recorded in the ’Received or physical evidence in a criminal investigation are not mishandled,
by’ block on the first copy of the evidence custody document and contaminated, or accounted for improperly, and that CID elements
the form will be put in the laboratory suspense folder. The original are aware of incidents of suspected criminal activity as defined in
evidence custody document will be put inside the outer wrapping of AR 195–2. When a CID element determines that it has no interest in
the package. The recipient will note the ’Item Number,’ ’Received the circumstances of such direct referrals to a USACIL, CID may
By,’ and ’Released By’ blocks with the item numbers, date, and help by providing proper laboratory request forms, addresses, and
registered mail number, and sign for the evidence in the next ’Re- advice on packing and transmittal. The date, name, and unit of the
ceived By’ block. Evidence custodians and USACIL evidence con- CID representative coordinator will be entered in block 11 of DA
trollers will obtain a block of registered mail numbers and a Form 3655.
registered mail log, being designated as a ’firm mailer,’ from their
installation post office. The evidence custodian/USACIL evidence 2–8. Final disposition of evidence
controller will annotate the registered mail number in the ’Received Evidence will be expeditiously disposed of after it has served its
By’ and ’Released By’ blocks of the chain of custody section on the purpose or has no further evidentiary value. Evidence to be
original evidence custody document before packaging the original destroyed will be disposed of as reflected in jbelow.
document. In this case, recipients must only complete the item a. Evidence released to trial counsel for judicial proceedings will
number and date columns, sign the next ’Received By’ block of the be returned as soon as possible to the custodian for final disposition.
chain of custody, and continue the chain. If an item of evidence is made part of the trial record, the trial
(1) Technical guidance for packing and shipping evidence is in counsel will immediately notify the custodian so the evidence cus-
FM 19–20. The individual responsible for shipping the evidence tody document can be properly annotated. This will be considered
will ensure that physiological specimens are preserved and trans- final disposition.
ported to assist in a reliable examination. b. When final action has been taken in known subject cases, the
original evidence custody document will be sent to the judge advo-
(2) To maintain the chain of custody properly, packages will
cate officer appointed as trial counsel for the commander of the
contain evidence from only one investigation.
subject, or the appropriate civilian prosecutor if the subject is a
(3) A USACIL will not normally make final disposition of any
civilian and action was taken by a civilian court. If the evidence is
item submitted for examination. With the limited exception as indi-
no longer needed, the trial counsel or the civilian prosecutor will
cated below, a laboratory report will be prepared and returned to the
complete the final disposal authority portion of the evidence custody
requester along with the evidence, unless the request is canceled by
document. When evidence must be retained, (for example, during
the contributor. In those instances where the laboratory commander,
the appeal process of a murder trial) the final disposition authority
the contributor, and the advising SJA agree that final disposition by
portion of the form will not be completed; a brief statement giving
the USACIL is in the Government’s best interest, the USACIL will
the reason for retaining the evidence will be furnished the evidence
make final disposition per paragraph 2–8. custodian on separate correspondence. In unusual cases, where there
(4) When fungible evidence is returned from the USACIL, the is a high risk of losing the original evidence custody document (for
sealed container will not be opened except for official purposes or example, isolated units that must mail the evidence custody docu-
disposal. When necessary to open a sealed fungible evidence con- ment to the servicing SJA or civilian prosecutor for disposition
tainer other than to dispose of the evidence, the person who opens approval), a letter or memorandum may be used to accomplish
the container will sign the evidence custody document. He or she disposition approval. When such a method is used, enough informa-
will note in the ’Purpose of Change of Custody’ column that the tion will be furnished so that the SJA or civilian prosecutor has a
seals were intact and give the reason for opening. The container will basis upon which to make a decision. The disposition approval
be opened by cutting it without damaging the seals, if possible. correspondence returned from the SJA or the civilian prosecutor will
When access to the evidence is no longer required, the evidence, be attached to the original evidence custody document.
with all prior containers or their sealed parts, will be resealed in a c. Evidence in an investigation for which a subject has not been
new container. identified may be disposed of without SJA approval 3 months after
e. In unusual circumstances, evidence may be sent by other than completion of the investigation, or earlier with SJA approval-
registered mail, such as U.S. Postal Service (USPS) express mail per .However, care must be taken regarding serious crimes when it is
AR 340–3 or commercial shipping services, only if proper handling possible that a subject may later be identified or those in which
to maintain chain of custody is ensured. It may be handcarried by a there is no statute of limitations. In such cases, as determined by the
courier approved by the CID supervisor or provost marshal or CID district/field office commander, SAC or provost marshal, it
shipped by the installation transportation officer using a Govern- may be advisable to keep the evidence longer than 3 months. When
ment bill of lading (GBL). A copy of the shipping document will be the subject is not known, and retention of the evidence longer than 3
attached to the suspense copy of the evidence custody document months is not at issue, the evidence custodian will obtain approval
until notice is received from the addressee of receipt of the evidence of the CID district/field office commander, special agent-in-char-
or the evidence is returned to the evidence room. ge(SAC), provost marshal, or the provost marshal’s designated rep-
f. When evidence is permanently transferred from one evidence resentative, as appropriate. This approval will be given by
room to another, the original and duplicate evidence custody docu- completing the final disposition authority section of the original
ments, properly annotated, will go with the evidence. The custodian evidence custody document. Consideration should also be given to
who receives this evidence will enter the next document number of photographing evidence in appropriate cases prior to disposal of
the receiving evidence room on both copies. The prior document such evidence.
number will be lined through in such a way that it remains legible. d. Evidence obtained by CID special agents or military police at
The sending evidence custodian will place a copy of the evidence a crime scene or during the investigation may be released to another
custody document showing disposition in the inactive evidence cus- law enforcement agency without SJA approval when that agency
tody document file. The evidence will be properly logged in the assumes full investigative jurisdiction and responsibility, or jurisdic-
evidence ledger per paragraph 2–5. tion and responsibility for that portion of the investigation to which
g. When evidence must be mailed or shipped for judicial the evidence pertains. The evidence need not be processed into the
proceedings, it will be sent directly to the requesting SJA or other evidence room prior to the release unless the release cannot be made
agency per d and e above. The SJA or agency will return it to the prior to close of business the first working day after the evidence is
evidence custodian in the same way. acquired. CID special agents and MPs will ensure the evidence is
h. Requests for USACIL analysis from non-CID/MP Army activ- properly recorded on an evidence custody document per paragraph
ities (for example, SJA, unit commanders, and alcohol and drug 2–3. They will also ensure the chain of custody section is complete
abuse program coordinators) should be coordinated with and made upon release of the evidence. The CID district/field office com-
by local CID elements. This will ensure that items of material value mander, SAC, provost marshal, or the provost marshal’s designated

6 AR 195–5 • 28 August 1992

representative, as appropriate, will review and give approval of the Service (USSS) office from which obtained or if obtained from the
release by completing the final disposition authority section of the Washington Resident Agency, USACIDC, will be forwarded by
evidence custody document.Since the final disposition approving registered mail, return receipt requested, direct to: Manager, Check
authority may not be reasonably available to give prior authorization Request and Files Branch, Room 328, Liberty Loan Building, 401
for the release, this approval may be given after the fact, with the 14th Street NW., Washington, DC 20227. The exterior of the enve-
final disposition authority annotated on the file copy of the evidence lope will be marked ’Do Not Open In Mail Room.’ When U.S.
custody document. It will serve as a review and control Treasury checks are seized as evidence prior to being processed by
measure.This proper release will be considered final disposition. A the U.S. Treasury, they will be returned when no longer needed to
copy of the evidence custody document will be maintained in the the U.S. Army finance and accounting office (FAO) that issued the
case file and release of evidence will be documented in the check (identified by the Disbursing Station Symbol Number (DSSN)
report.Consideration should be given to photographing the evidence on the face of the check).Checks issued by other departments of the
prior to its release. These photographs will be retained in the case Federal Government will be returned to the issuing agency at the
file. address printed on the face of the check. All checks will be returned
e. After laboratory analysis, items in the evidence room which by registered mail, return receipt requested, unless the checks are
have been determined by the analysis to be of no further evidentiary handcarried to the activity, and the evidence custody documents
value may be disposed of after consulting with the SJA or civilian properly annotated. A letter of transmittal will accompany all re-
prosecutor if a subject has been identified; or upon approval by the turned checks.
appropriate CID supervisor or provost marshal if no subject has (7) Known document standards will be released to the agency or
been identified. person from whom received or the rightful owner, as appropriate.
f. Controlled substances received by the evidence custodian and (8) Exemplars and other documents of no value to the person or
that are not related to an investigation may be immediately disposed agency from whom received may be placed in the appropriate case
of after approval has been received from the appropriate CID super- file for final disposition, or destroyed.
visor or provost marshal. A copy of the evidence custody document (9) Items of personal property that no longer have evidentiary
will be filed with the appropriate police report.Disposition may be value and that belong to deceased or missing Army personnel will
made immediately after determining that the substance cannot be be released to the summary court officer appointed to dispose of the
linked to a suspect. decedent’s effects. Per AR 600–8–1, items which may cause embar-
g. Items of potential evidence that are determined to have no rassment or added sorrow if forwarded to the next of kin will be
evidentiary value by the CID special agent or MP investigator removed and destroyed. This includes, but is not limited to, items
before they are released to the evidence custodian may be disposed which are mutilated, burned, bloodstained, damaged beyond repair,
of by the agent or MP investigator. (This does not include found obnoxious, obscene, or unsanitary. Note also that other Federal
controlled substances.) The final evidence custody document, with agencies, especially the Drug Enforcement Administration(DEA)
the disposition noted per j below, will be filed with the case file. and the Internal Revenue Service (IRS), may have an interest in
h. When it is not practical or desirable to keep items of evidence personal property seized as evidence (for example, derivative con-
(for example, automobiles, serial numbered items, items required for traband in the form of money and vehicles).
use by the owner, items misappropriated from postal channels, large (10) Controlled substances will be destroyed in the presence of a
amounts of money, perishable or unstable items), disposal action witness who is a CID special agent, a soldier in the rank of staff
may be taken immediately. If such items can be immediately dis- sergeant or above, or a civilian in the grade of GS-7 or above, or
posed of, it will not be necessary to enter them into the evidence equivalent. The witness must not be in the chain of custody.Destru-
room. This will be coordinated with the SJA. If it is not possible to ction will be by burning or by a method that will make the sub-
get written approval of the SJA before disposal of the evidence, oral stance permanently useless. See paragraph 2–10 for instructions for
permission will be obtained, followed by written approval. final disposal of controlled substances used for training.
Photographing the evidence prior to its release should be considered (11) Normally, counterfeit currency and coins and counterfeiting
and discussed with the SJA. equipment will be released to the nearest office of the USSS, unless
i. When evidence is permanently released to an external agency, the USSS directs otherwise. Such evidence seized in the Far East
except as specified in d above, the final disposal authority portion of and Southeast Asia will be sent to the USSS office in Hawaii.
the evidence custody document will be completed by the CID super- Evidence seized in Europe, Africa, or the Middle East will be sent
visor or provost marshal. to the USSS representative, U.S. Embassy, Paris, France. Evidence
j. The guidance below on disposal of evidence will be followed. seized in Italy will be sent to the USSS Office, Milan, Italy. Evi-
When a legal question concerning methods of disposal arises, the dence seized in the Caribbean Sea and Central and South America
SJA will provide legal advice. areas will be sent to the USSS office, Federico Degetau Federal
Building, U.S.Courthouse, Room 539, 5th floor, Carlos E. Chardon
(1) U.S. Government property will be released to the organiza-
Ave., Hato Rey, Puerto Rico 00918. Disposal of counterfeiting
tion to which issued or the local installation property book officer if
equipment should be coordinated with the supporting USSS office
the original owner unit cannot be determined.
before release.
(2) Personal property that is not contraband or not of evidentiary
(12) Firearms, ammunition, and explosive devices:
value, as determined by the SJA, will be released to the rightful
(a) U.S. Government firearms, ammunition, and explosives kept
owner.
as evidence will be returned to the proper military unit. If the unit
(3) Money orders obtained from an Army Post Office (APO)
cannot be identified, such evidence will be released to the installa-
money order facility will be returned to the APO from which seized.
tion accountable officer per AR 710–2.
(4) Other types of negotiable instruments (for example, money
(b) Legal personal weapons impounded for minor infrac-
orders, travelers checks, and checks) owned by a business firm will
tions(such as failure to register per local laws) must be returned to
be released to the firm.
the rightful owner when the legal requirements for possession have
(5) USPS money orders and other USPS documents received
been met and the weapons are no longer needed as evidence.
from the USPS will be returned by registered mail, return receipt
(c) All other firearms which are contraband, or which were used
requested, as follows: in the commission or attempted commission of a criminal offense,
(a) In the United States and Guam: To the Postal Inspector in less those used for the commission of suicide, will be forwarded to
Charge of the Postal Division that originally provided the the U.S. Army Criminal Investigation Laboratory (USACIL)-CON-
documents. US, Fort Gillem, Forest Park, GA 30050–5000, for disposition.
(b) Outside the United States: Directly to St. Louis Resident They will not be turned in to Alcohol, Tobacco, and Firearms
Agency, USACIDC, for return to the USPS. Division of the U.S. Treasury Department or to local Defense
(6) U.S. Treasury checks will be returned to the U.S. Secret Reutilization Marketing Office (DRMO). Firearms will be sent to

AR 195–5 • 28 August 1992 7

the USACIL-CONUS by registered mail along with two copies of approving officer and a copy will be attached to the original evi-
the evidence custody document. Release to USACIL-CONUS will dence custody document. The evidence custodian must initiate dis-
be considered as final disposition by the sending office. Related position action within 10 days after date of approval to dispose of
items such as holsters, belts, and so on, will not be forwarded to the evidence.
USACIL for disposition/destruction. l. In some instances, CID funds held as evidence can be repro-
(d) Personal firearms used for the commission of suicide will be duced for trial and returned to finance per kabove.
forwarded to USACIL-CONUS per (c) above only after it has been (1) Copies of U.S. currency will be made only when all of the
determined that the decedent’s next of kin do not want the following are accomplished:
weapon.If the next of kin want the weapon, it will be released to (a) The trial counsel agrees to the substitution of evidence(copies
them. in lieu of originals) and is informed that the actual bills will no
(e) Non-Government ammunition (live or inert) kept as evidence longer be held as evidence.
will be returned to the owner or will be reported for turn-in to the (b) The defense counsel agrees with the trial counsel to the sub-
supporting DRMO per DOD Manual 4160.21–M for destruction, stitution of evidence and defense counsel is informed that the actual
bills will no longer be held as evidence.
using the procedures in DA Pam 710–2–1, chapter 3. The evidence
(2) Copies of U.S. currency will not be made if the trial counsel,
custodian may keep the items until the DRMO processes the turn-in
defense counsel, or the military judge express reservations about the
forms and provides specific disposal instructions.
substitution of evidence. In this case, the actual currency must be
(f) All non-U.S. Government explosive devices (live or inert)will maintained per this regulation.
be turned over to the appropriate Explosive Ordnance Disposal unit (3) All copies of U.S. currency—
(EOD) for destruction. (a) Will be black and white and will be produced with either a
(g) Other illegal weapons (such as switchblades, stilettos, and photocopier or photograph. Color reproductions are not authorized.
brass knuckles) will be destroyed by the evidence custodian in a (b) Will conform to the size limitations imposed by 18 USC
manner to render the items useless and harmless. Destruction will be 504.Specifically the size must be less than three-fourths or more
witnessed by a person not in the chain of custody. than one-and-a-half times actual size in linear dimension of each
(13) Evidence obtained from electronic surveillance operations part of the item illustrated.
will be disposed of per AR 190–53. (c) Will be created and maintained only to the extent they are
(14) When evidence is of obvious value and the owner is un- essential to prosecution of alleged criminal actions.
known, cannot be located, or declines acceptance, it will be turned (d) Will have the time/date and number of copies created entered
in to the DRMO per DOD Manual 4160.21–M. A copy of the DD into the case file.
Form 1348–1 (DOD Single Line Item Release/Receipt Document) (e) Will be destroyed as soon as possible following completed
will be attached to the original evidence custody document. judicial action.
(15) When evidence found at crime scenes has no known owner (f) Will not be attached as an exhibit to the ROI. The case file
and no value (for example, match books, beer cans, bottles, glass will reflect the specifics of the reproduction and ultimate disposition
fragments, and wooden sticks), such evidence will be destroyed/ of the copies.
disposed of by crushing, burning, or by any other means necessary (4) USACIL may reduce or enlarge U.S. currency for analysis
to render the items useless and harmless. Disposal of the residue of purposes, restricted only by conditions imposed by (3) above.
such items may be accomplished by depositing the residue in a m. When money that is impounded during a criminal investiga-
dumpster or trash receptacle if this can be safely done. Items such tion is kept as evidence and there is possible IRS interest, notify—
as fingerprint lifters may be disposed of by placing them in the case (1) In CONUS, the chief of criminal investigation at the nearest
file for long-term retention, if appropriate. IRS office.
(2) Outside CONUS, the Assistant Commissioner (Criminal In-
(16) When the owner of money is not known or cannot be lo-
vestigation), Internal Revenue Service, 1111 Constitution Avenue
cated after reasonable attempts, the money will be turned in to a
NW., Washington, DC 20221.
U.S.Army finance officer. A DD Form 1131 (Cash Collection (a) If there is a tax liability, a notice of levy will be sent by the
Voucher) will be completed and a copy of the form will be attached IRS to the custodian holding the funds. Funds in the amount of the
to the original evidence custody document. The accounting classifi- levy will be released to the IRS. The remaining funds will be
cation to be used is 21R3019.0000. released as appropriate.
(17) Post exchange items, commissary items, and items illegally (b) The SJA will provide legal advice.
brought into a host country and that are connected with black n. Final disposition of evidence pertaining to personnel in
market or customs and postal investigations will be disposed of in deserter status may be made with SJA approval. If final disposition
accordance with local regulations, Status of Forces agreements, or is disapproved, the evidence will be retained per paragraph 2–12.
laws or customs of the host country. Thereafter, coordination will be made with SJA yearly to determine
(18) Some types of evidence may be of value to USACIL in the if final disposition can be made.
standard collections. When evidence of this type has been approved
for disposition under a method which does not require returning it to 2–9. Special processing procedures for certain 6(e)
an owner or to an accountable Government agency (for example, (Federal Grand Jury materials) evidence
destruction or forfeiture to the Government), then disposition of a. The following special procedures apply to evidence obtained
these items may be made by forwarding them to the appropriate during conduct of any investigation wherein physical evidence
USACIL forensic division, provided that the USACIL division con- which falls under 6(e), Federal Rules of Criminal Procedure (6(e)
cerned has requested it in advance. access rules), is obtained:
(1) If there is no specific objection or direction by the court or
k. Limitation .0015 Contingency Funds (CID funds) held as evi-
Assistant United States Attorney (AUSA), 6(e) evidence will be
dence will be disposed of per AR 195–4. A copy of the DD Form
processed and stored in accordance with the other provisions of this
281 that provided the CID funds seized as evidence will be main-
regulation, utilizing the following procedures:
tained with the original evidence custody document. CID funds held (a) The evidence will be placed in a container (for example,
as evidence that no longer have value as evidence will be promptly envelope or cardboard box) by the agent on the 6(e) access list who
deposited at the local FAO using DD Form 1131. (See fig 2–4.) has custody of the evidence. The agent will seal all openings, joined
Before depositing funds with the FAO, personnel who prepare the surfaces, and edges with paper or plastic packaging tape, and the
DD Form 1131 will ensure that the accounting classification cited is time and date of sealing, initials of the agent on 6(e) access sealing
the same as that on the DD Form 281. A copy of the DD Form the evidence, and the USACIDC case number, will be placed so that
1131 showing the return will be given to the proper certifying and they appear on both the tape and the package.

8 AR 195–5 • 28 August 1992

 (b) The evidence will be released to the evidence custodian who document, and the location will be annotated in pencil with ’Memo
will sign for the item(s) ’SCRCNI.’ (referring to the memorandum prepared by the custodial agent per
(c) The remarks section of the evidence ledger will be annotated a(4)(c) above),(date).’ The custodial agent has the responsibility to
to reflect the evidence is 6(e) material. annotate properly the original evidence custody document(s) with
(d) Under no circumstances will the sealed containers be opened the respective document number(s) assigned by the evidence
by anyone other than an agent on 6(e) access for the specific custodian.
evidence. (f) The ’dummy’ evidence custody document, court order, AUSA
(2) If evidence is determined to be 6(e) material after being letter or memorandum for record, and memorandum from the custo-
processed into the evidence room without having been sealed in dial agent will be filed in a file annotated ’Active 6(e) Evidence
accordance with procedures described in a(1)(a) above, the follow- Custody Documents.’ This file is prepared and maintained in the
ing procedures will be followed: same manner as evidence and related document files pertaining to
(a) The investigating agent having 6(e) access for the evidence, any other evidence. When the court order or AUSA letter and
in coordination with the evidence custodian, will package and seal memorandum from the agent pertain to multiple evidence custody
the evidence as described in a(1)(a) above. documents, the letter and memorandum will be reproduced and
(b) The evidence custodian will reflect the change in the evi- copies filed with each pertinent ’dummy’ evidence custody
dence packaging configuration by entering the date and item num- document.
bers on the next blank line of the chain of custody section of the (g) The custodial agent ensures that the evidence is secured in a
evidence custody document. The custodian will also line out the’r- proper manner under limited access lock and key (or combination)at
eleased by’ portion of that line, annotate the evidence custodian’s the location specified in the documentation provided to the evidence
name and signature in the ’received by’ portion of that line, and custodian. The storage location need not meet the evidence room
note that the items were packaged and sealed as 6(e)evidence for the standards as required by chapter 4 of this regulation; however, the
’purpose of change of custody.’ security of the storage will at a minimum meet the standards exer-
(c) The remarks section of the evidence ledger will be annotated cised for storage of large items of evidence per chapter 4.A-
to show the evidence is 6(e) material. ppropriate storage facilities could include a locked room, expanded
(3) Items of 6(e) evidence as described in (1) or (2) above, metal cage, warehouse, ammunition bunker, or file safe (for small
which, by virtue of size or quantity, are too large to store in the quantities). The custodial agent will also ensure that a duplicate key
evidence room, need not be sealed. However, these items will be or written combination for the lock(s) is secured in a sealed enve-
secured in a suitable facility per paragraph 4–3b or c. lope in the safe of the commander or special agent-in-charge of the
(4) If the court or the AUSA specifically direct that the evidence investigating unit.
not be processed through or stored in the USACIDC evidence room, (h) Any time the storage location for items on a 6(e) evidence
the following procedures will apply: document is changed, the custodial agent will sign and submit a
(a) All evidence of this nature will be properly documented on an memorandum to the evidence custodian. The memorandum will
evidence custody document. The agent having custody will maintain show the new location for each affected document. Upon receipt,
the chain of custody on the evidence custody document per this the evidence custodian will update the location entry on the ’dum-
regulation throughout the life of the document and until proper final my’ evidence custody document and attach the memorandum to
disposition is accomplished. other documents related to the evidence custody document in the
(b) The investigating agent, or agent having custody of the evi- active 6(e) evidence custody document file. If the memorandum
dence, will obtain a copy of the court order directing the special pertains to multiple evidence custody documents, the memorandum
handling, or will request the AUSA provide the request for special will be reproduced and a copy filed with each affected document in
handling in writing. If the AUSA declines to provide the request for the active 6(e) evidence custody document file.
special handling in writing, the investigating agent, or agent having (i) On any occasion of change of custody to another custodial
custody of the evidence, will prepare a memorandum for record agent due to change of station, extended temporary duty, retirement,
documenting the AUSA request and fact that the AUSA declined to or other circumstance, the agent assuming custody will submit a
reduce the request to writing. memorandum, signed by the agent, to the evidence custodian. The
(c) The agent having custody of the evidence will coordinate memorandum will reflect the date of change of custody, that all
with the appropriate USACIDC evidence custodian and will provide items on the evidence custody document(s) are present and ac-
the custodian a copy of the court order, AUSA request or memoran- counted for, and the location(s) at which the items will be stored,
dum for record, the case number, and the number of evidence even if the location(s) are unchanged from previously submitted
custody documents on which the evidence is recorded. To preclude documents.Upon receipt, the evidence custodian will erase the pre-
vious custodial agent’s name from the remarks section of the evi-
compromise of 6(e) access restrictions, presentation of the actual
dence ledger, and enter in pencil the new custodial agent’s name
evidence custody document is not required, and the evidence custo-
and date custody was changed. If the location of the evidence has
dian will not be reflected in the chain of custody. The custodial
changed, the evidence custodian will also update the location entry
agent will also provide the evidence custodian a memorandum
on the’dummy’ evidence custody document. This memorandum will
signed by the agent stating that all of the items are properly ac-
then be filed along with other related documents in the active 6(e)
counted for, and reflecting the location where the items on each of
evidence document file. Again, if multiple documents are affected,
the evidence documents will be secured by the custodial agent. This
the memorandum will be reproduced and a copy filed with other
location will include room, building number, address, and installa-
documents related to each of the document numbers.
tion/city name as appropriate. A listing of the item(s) on the custody
(j) If custody of evidence is permanently released outside of
document(s)will not be reflected on the memorandum.
USACIDC (for example, transferred to another agency or through
(d) The evidence custodian will log each of the evidence custody final disposition by other means), the custodial agent will ensure the
documents into the evidence ledger by document number assigned, final disposition authorization is properly completed on the evidence
case number, and date logged in for date received. The description custody document and that the final disposition is properly reflected
of evidence in the ledger need only be annotated ’6(e)Evidence.’ in the chain of custody (or destruction if appropriate).
The custodial agent’s name will be annotated in pencil in the (k) Once final disposition has been accomplished, the original of
remarks column. the completed evidence custody document will be forwarded to the
(e) The evidence custodian will prepare a ’dummy’ evidence evidence custodian. Upon receipt, the evidence custodian will anno-
custody document showing the case number and receiving activity tate the final disposition method and date in the evidence ledger and
and location. The description of articles section will be an- file the completed document, with all related documents previously
notated’6(e) Evidence.’ The document number assigned will be an- received, in the inactive evidence custody document file.If the origi-
notated by the evidence custodian on the ’dummy’ evidence custody nal of the evidence custody document is not available due to court

AR 195–5 • 28 August 1992 9

order or other legitimate circumstance, a copy of the completed first ’Released By’ section will be signed by the custodian releasing
document will suffice to complete the evidence room files.Further, the substances and the first ’Received By’ section will be signed by
if no copy of the original document is available, again through court the person receiving the controlled substances. When controlled
order or other legitimate circumstance, a memorandum from the substances from more than one evidence custody document are
custodial agent detailing the facts pertinent to non-availability of the needed to make up the requested amount, they will be combined and
document, and the location of the original evidence custody docu- listed on one evidence custody document.
ment, will satisfy the requirement for the original or copy of the (8) The person handling the controlled substances will maintain
completed document. the chain of custody. The controlled substances will be secured per
b. Any items of evidence on documents which are annotated in paragraph 4–2f(5).
the evidence ledger as being 6(e) evidence are not subject to inspec- (9) When the controlled substances become too old for training
tion or inventory on a monthly or quarterly basis as required by this use or are consumed during training, it will be noted on the evi-
regulation for other evidence, other than for accountability of sealed dence custody document. When all or part of the controlled sub-
containers stored in the evidence room. Proper documentation as stances are determined to be of no further value for training, the
specified above for 6(e) evidence is sufficient for accountability controlled substance will be burned in the presence of a disinter-
purposes by the evidence custodian. ested witness in the rank of sergeant first class or above.The evi-
dence custody document will be suitably annotated. The document
2–10. Use of controlled substances for training will then be filed in reference training files of the office responsible
a. Controlled substances, such as marihuana, hashish, heroin, and for the training program.
cocaine, that are held by evidence custodians and no longer have b. Marihuana may be used for training only CID and MP person-
evidentiary value may be released for use as aids for training narcot- nel in techniques of identification and ’field testing.’Marihuana ap-
ics/contraband detector dogs. Release will be subject to the reasona- proved for final disposal may be burned to familiarize CID and MP
ble availability of the controlled substances insufficient quantities personnel with the odor of marihuana. The following rules will
and quality. Only controlled substances that have been verified by a govern use of marihuana for such training—
USACIL will be used for this purpose. CID and MP evidence (1) Familiarization burning of marihuana will be done by the
custodians are authorized to release controlled substances subject to evidence custodian in the manner prescribed for final disposal.
the following: (2) Unused marihuana, including residue, will be retained by the
(1) Army installations in CONUS or territories of the United evidence custodian for proper final disposal.
States that are assigned narcotics/contraband detector dogs must, by (3) Burning marihuana for training other groups of people is not
law, register with the DEA before obtaining controlled substance authorized.
training aids from any source. Normally, these units will obtain c. USACIL controlled substances custodians are authorized to
DEA controlled substance training aids under the policy and proce- contact CID field elements to obtain drugs and paraphernalia which
dures in AR 190–12 and DA Pam 190–12. have been previously examined by the laboratory and no longer
(2) Army units and installations outside CONUS or territories of have any evidentiary value per paragraph 2–8e. These items will be
the United States are not required or eligible to register with the maintained and used as aids to examinations, research, and training.
DEA or to obtain DEA controlled substance training aids. By host (1) Items will be transferred from CID field elements to the
country agreements, controlled substance training aids may be ob- requesting laboratory with a letter of transmittal. A copy will be
tained from CID or MP evidence custodians. furnished to the appropriate CID region headquarters by the submit-
(3) The officer or NCO responsible for the custody of narcotics/ ting CID element. Accountability by USACIL will be reflected on
contraband detector dog training aids will submit a request to estab- DA Form 3862 (Controlled Substances Stock Record).
lish an account with the appropriate CID/MP evidence room. This (2) Drugs and paraphernalia obtained from CID field elements
request will consist of copies of the DEA registration or the appro- under this paragraph will not be returned to the releaser. The evi-
priate overseas commander’s approval per AR 190–12 and the cur- dence custodian who releases the items will annotate the evidence
rent appointment orders for the custodian. This account must be custody document to reflect that the items have been ’Transferred to
renewed annually or when the training narcotics/contraband detector USACIL-(enter agency name) for Final Disposition.’ The authenti-
dog custodian changes. cated request from the USACIL will also be attached to the evi-
(4) The approved and registered training narcotics/contraband de- dence custody document.
tector dog custodian will submit a written request to the evidence (3) Accountability and final disposition of these items become
custodian. The request will specify the minimum amount of con- the responsibility of the receiving USACIL.
trolled substances needed for training. A copy of this request will be
2–11. Field testing of controlled substances
attached to the evidence custody documents for the controlled sub- a. Field testing of controlled substances by CID agents and MP
stances released. investigators is authorized.
(5) Only controlled substances approved for final disposal, per b. Results of field tests will be furnished to the commander
paragraph 2–8, will be released for this purpose. This will be con- concerned as soon as possible.
sidered final disposition by the evidence custodian with the original c. Measurable amounts of evidence consumed through field test-
evidence custody document being properly annotated to reflect the ing (for example, .25 gram, 2 milliliters, one unit) will be deducted
release for training purposes. from the evidence custody document and the ’Purpose of Change of
(6) The amount of controlled substances released at one time will Custody’ column will be marked to show disposal of the amount
not exceed 200 grams of marihuana, 20 grams of hashish, 20 grams consumed. If the amount consumed in field testing is not measura-
of heroin, and 20 grams of cocaine, or reasonable quantities of other ble (for example, a minute quantity of marihuana from bulk quanti-
controlled substances (such as amphetamines and barbiturates) that ties), the remark ’small unmeasurable quantity consumed in field
are approved by commanders of MACOMs as training aids. Type test’ will be entered.
and quantity specified will be shown in the approval document. The d. When an appropriate commander indicates that a person will
maximum quantities of controlled substances authorized to be on not be court-martialed for an offense of use or possession of non-
hand as training aids at any time are 300 grams of marihuana, 30 narcotic controlled substances, the evidence will not routinely be
grams of hashish, 30 grams of heroin, and 30 grams of cocaine. sent to the supporting USACIL for forensic analysis. Evidence will
Maintaining the maximum amount is authorized only when the’old’ always be sent to the USACIL for analysis when judicial action
training aids are being destroyed, and ’fresh’ controlled substances against the offender is considered. Exceptions are on simple use or
are being issued. possession of marihuana for which the SJA or a representative
(7) Controlled substances to be issued by evidence custodians as decides that no analysis is required.
training aids will be listed on a new evidence custody document.The e. The CID supervisor or provost marshal and SJA concerned

10 AR 195–5 • 28 August 1992

must closely coordinate to determine the action commander’s inten- potential presence of infectious diseases such as acquired immune
tions and to ensure proper USACIL support when needed. The SJA deficiency syndrome (AIDS), Hepatitis B, or tuberculosis is
or his or her representative will promptly notify the proper CID or suspected.
MP element when the status of a case changes and there is no a. Wear disposable rubber gloves. This is especially important
longer a need for laboratory analysis. for any person with a cut, abrasion, or any other break in the skin
on the hands when handling blood or other body fluids.
2–12. Retention of evidence
In certain instances (such as an unsolved homicide), it is sometimes b. Protective shoe covering. Walking through a blood/body fluid
desirable to keep items of evidence longer than otherwise required contaminated crime scene transfers the contamination to the shoes
after the final ROI has been completed. In such cases, these proce- which are then worn in automobiles, MP Stations/CID Offices, or
dures will be followed: homes and have the potential of contaminating each location by
a. The items of evidence will be packed in cardboard boxes in such exposure.Protective shoe coverings made of disposable plastic
the presence of a disinterested witness. or paper should be considered for use.
b. A certificate will be prepared listing evidence custody docu- c. Surgical masks/protective eyewear. When dried blood stains
ment numbers included in the box. The certificate will reflect that are scraped, personnel processing the evidence are exposed to poten-
the contents of the box, identified by specific document number and tial contamination by blood particles being dispersed into the air.
by citing the absence of specific item numbers, were inventoried Use of mask or glasses or both may prevent dried blood from
and sealed on the date indicated by the evidence custodian and entering the mouth, nose, or eyes.
witnessed by a disinterested witness. The certificate will be signed
d. Sharp objects. Special care while handling items that may
by the evidence custodian and the disinterested witness. A copy of
the certificate will be attached to each evidence custody document puncture or cut the skin will minimize risk. If the handler is cut or
identified thereon with the original copy attached to the first evi- scratched, or the skin punctured by an item during crime scene
dence custody document identified on the certificate. A copy of the processing, immediately seek medical assistance. If an antiseptic,
certificate will also be affixed to the outside of the box and the box such as rubbing alcohol, is available, cleanse the wound with the
sealed as described below. The evidence custody documents con- antiseptic, then wash well with soap and water before seeking medi-
cerned will continue to be maintained in the active evidence custody cal assistance.
document file. e. Disposal and decontamination. All disposable items should be
c. Firearms will not be stored or sealed in the consolidated evi- disposed of by burning if possible. Use of a hospital incinerator is
dence box. Firearms will be stored per paragraph 4–2f(1)(d)of this the best course of action. Nondisposable items should be decontami-
regulation. nated by cleaning with a solution of one cup of sodium hypochlorite
d. The box will be sealed with paper or plastic tape so that the (common household liquid bleach) dissolved in 10 cups of water.
tape will be damaged if the box is opened. The signature of the Use rubber gloves while decontamination is performed.
evidence custodian and the witness will be written in ink across the f. Special markings. After collection of such potentially infectious
tape seal on the bottom and top of the box. The box will not be items of evidence, the items should be so identified to prevent
opened to conduct inventories unless tampering is evident or a
contamination to person(s) unaware of the potential danger. Apply-
competent authority so directs.
ing adhesive-backed labels with the international biohazard symbol
e. When evidence is no longer required, it will be disposed of per
paragraph 2–8. and space for labeling the appropriate disease is sufficient. Another
method is to write on each package or container a warning such
2–13. Special handling and safety precautions as’Caution! Contains potential AIDS (or HEPATITIS) case.’ Any
Investigators and crime scene processors are likely to encounter such evidence that is shipped to a forensic laboratory by U.S. mail
crimes having evidence involving blood and other body fluids of is subject to the Code of Federal Regulations, Part 72. This specifies
persons with infectious diseases. Special handling and safety precau- that appropriate warning labels must be placed on the package, and
tions used in the collection and handling of such evidence will any liquid substance must be triple-wrapped and sealed.Further in-
minimize risks and reduce potential for exposure and contamination. formation on these procedures is available from Center for Disease
The following safety precautions are applicable for use while collec- Control, Office of Biosafety, 1600 Clifton Road, NE., Atlanta, GA
ting and handling all body fluid evidence, and are essential when the 30333, telephone (404) 329–3883.

AR 195–5 • 28 August 1992 11

 Figure 2-2. Sample of a completed DA Form 4137

12 AR 195–5 • 28 August 1992

Figure 2-2. Sample of a completed DA Form 4137—Continued

AR 195–5 • 28 August 1992 13

 Figure 2-2. Sample of a completed DA Form 4137—Continued

14 AR 195–5 • 28 August 1992

Figure 2-3. Sample of evidence ledger page

AR 195–5 • 28 August 1992 15

 Figure 2-4. Sample of a completed DD Form 1131

16 AR 195–5 • 28 August 1992

Chapter 3 (4) Ensure that copies of evidence custody documents in the
Inspections, Inventories, and Inquiries suspense file are properly annotated with the registered mail num-
ber, if sent to a USACIL or another agency, and proper signature, if
3–1. Inspections released for court-martial, Article 32 investigations, or for other
a. General. A monthly inspection of the evidence room will be official purposes.
conducted by an individual as specified in paragraph 1–4b or c. The c. Inventories on change of custodian. When the primary evi-
inspector will determine if— dence custodian is changed, the incoming and outgoing primary
(1) The evidence room is orderly and clean. custodians will conduct a joint physical inventory of all evidence in
(2) Structural and security requirements of this regulation are the evidence room. These joint inventories may be done at the same
being met. time as quarterly inventories by disinterested officers; however, each
(3) Evidence is being received, processed, safeguarded, and dis- type of inventory will be recorded separately. All evidence records
posed of per this regulation. will be carefully checked to ensure proper documentation and ac-
(4) Evidence on temporary release for laboratory examination or countability. All discrepancies will be resolved by the outgoing
presentation at a judicial proceeding has not been so released for an custodian before transfer of accountability. A joint inventory need
excessive period of time. not be conducted when the alternate custodian replaces the primary
b. Recording inspections. The following statement will be entered custodian for 30 consecutive days or less. However, if it is known
in the evidence ledger immediately below the last entry made prior that the primary custodian will be gone for more than 30 consecu-
to the inspection. It will be signed by the CID commander, the tive days, the alternate will be appointed on orders as the primary
provost marshal, or a designated representative, as appropriate. custodian and a joint inventory will be conducted. If the alternate
‘I(Name), certify that on (Date), per AR 195–5, I inspected the custodian becomes the primary custodian due to death, extension of
evidence room. Evidence is being processed per AR 195–5 with(no absence beyond 30 days, sudden illness, or emergency transfer of
exceptions) or (the following exceptions). (Signature).’ the primary custodian, a joint inventory will be conducted. It will be
c. Exception. Conduct of a monthly inspection is not required if done by the alternate custodian and a person appointed by the CID
there has been no evidence received in, maintained in, disposed of, unit commander or provost marshal, as appropriate.
or otherwise accounted for by the evidence room since the date of d. Inventories in case of lost evidence or breach of security. This
the last previous inspection. (This includes any evidence temporarily inventory will be conducted by the person assigned to conduct the
released per the provisions of para 2–7.) inquiry. (See para 3–3.) The inventory will be conducted in the
presence of the primary or alternate evidence custodian.
3–2. Inventories e. Inventories of fungible evidence. Sealed containers of fungible
a. General. Inventories will be conducted— or other sealed evidence will not be breached for any type of
(1) Once each calendar quarter. inventory, unless directed by the supervisor responsible for them. If
(2) On change of the primary evidence custodian. in this case, a sealed container is breached, the evidence will be
(3) On loss of evidence stored in the evidence room or breach of sealed in a new container per paragraph 2–7d(4).
security of the evidence room. f. Recording inventories.
b. Quarterly inventories. The evidence custodian and a disinter- (1) Quarterly inventories will be recorded in the evidence ledger
ested officer appointed for that purpose will conduct a joint quar- as follows: ’We, the undersigned, certify that on (Date), per AR
terly inventory of all evidence stored in the evidence room, 195–5, a joint inventory of the evidence room was conducted. All
including temporary evidence facilities as described in paragraph evidence was properly accounted for with (no exceptions) or (the
4–3. A quarterly inventory is not required if there has been no following exceptions). (Signature of Officer)(Signature of Evidence
evidence received in, maintained in, disposed of, or otherwise ac- Custodian)(Printed Name, Grade, Unit(Ltr or Memo, Date, Issuing
counted for by the evidence room since the date of the last previous HQ.’
quarterly inventory. (This includes any evidence temporarily re- (2) Change of custodian inventories will be entered in the evi-
leased per the provisions of para 2–7.) A written request will be sent dence ledger immediately below the last entry. They will be signed
by the appropriate CID supervisor or provost marshal to the proper by both the incoming and the outgoing primary custodians, as fol-
commander to appoint a disinterested commissioned or warrant offi- lows: ’I (Name), assume the position of primary custodian and
cer. The appointing authority will give the requesting activity a copy accept responsibility for all evidence shown on evidence custody
of the appointing document. This will be retained by the evidence documents in the evidence document files. A joint inventory was
custodian until the inventory is complete and a ledger entry made conducted on (Date), with (Name), the outgoing evidence cus-
per f(1) below. The disinterested officer will not be a current mem- todian.Any discrepancies have been resolved to my satisfaction.
ber of USACIDC or an officer assigned to MP activities or units on (Signature of Incoming Primary Custodian) (Signature of Outgoing
the installation. This regulation will be cited as the authority to Primary Custodian or Person Appointed per para 3–2f(4)).’
appoint the disinterested officer. At the time of the inventory, the (3) On satisfactory completion of the inventory, all evidence cus-
disinterested officer will provide the evidence custodian a copy of tody documents in the document files will be annotated and signed
the appointing document which will be retained in file 310–2c until to show the change of custody. Copies of evidence custody docu-
the next inventory for reference in the event of any questions or ments in the suspense files will also be checked to ensure they
discrepancies concerning the inventory.The disinterested officer will reflect the—
not ask the evidence custodian to verify the weight of any drug or (a) Registered mail receipt number, if sent to a USACIL or other
controlled substance evidence, but rather will ensure that the num- agency.
ber of containers listed on evidence custody documents as contain- (b) Proper signature, if released for court-martial, for investiga-
ing drug or controlled substances is the same as the number present tions under Article 32, UCMJ, or other official purposes.
and that any seals on any containers are intact. The disinterested (4) Upon the death or inability of the primary custodian, the’R-
officer will use the following guidelines to conduct the inventory: eleased By’ block of each evidence custody document will be anno-
(1) Review the provisions of this regulation. tated ’NA-Custodian Unable to Sign.’ The alternate custodian will
complete the ’Received By’ block to accept custody of the evidence
(2) Conduct a physical count of evidence to verify that evidence
described on the evidence custody document. The ’Purpose of
in the evidence room corresponds with that shown on evidence
Change of Custody’ block will show why the primary custodian was
custody documents.
unable to sign. The person appointed to make the inventory with the
(3) Cross-reference all evidence custody documents (including
alternate custodian will sign under the ledger entry that shows the
those in suspense files) with entries in the evidence ledger to ensure inventory.
accountability of all evidence.
(5) The results of an inventory conducted for loss of evidence or

AR 195–5 • 28 August 1992 17

breach of security will be recorded in the evidence ledger and in the (4) All other administrative and accountability requirements of
report of inquiry. this regulation must be met.

3–3. Inquiries 4–2. Evidence room

a. If evidence is lost or security of the evidence room is a. Location. The evidence room will normally be in the same
breached, an inquiry or investigation will be conducted per AR 15–6 building as the operational or administrative staffs of the USACIDC
or AR 195–3. Inquiries or investigations will be initiated by the unit or MP investigations/provost marshal.
appropriate CID supervisor or provost marshal. All losses or b. Construction.
breaches of security and the start of inquiries will be reported to the (1) Walls must extend from the floor to the true ceiling. Walls
Commander, USACIDC, ATTN: CIOP–ZA, 5611 Columbia Pike, and ceilings may be masonry or wood. Walls or ceilings with
Falls Church, VA 22041–5015, or HQDA(DAMO–ODL), WASH wooden studs must have a combined exterior and interior sheathing
DC 20310-0440, as appropriate. material thickness of at least 1 inch. Permanently installed flooring
b. If the inquiry fails to account for or recover the evidence, (other than masonry) may be used if the floor cannot be breached
relief for accountability of the evidence must be granted.For MP without considerable damage to the building structure.
activities this will be done by the installation or activity commander (2) If walls and ceilings per (1) above are not available, No.8
gauge high carbon manganese steel mesh with a 2-inch diamond
with an information copy of the entire proceedings being sent
grid or No. 6 gauge steel mesh with a 2-inch diamond grid, per-
through the MACOM provost marshal to HQDA (DAMO–ODL),
manently attached to the interior wall or ceiling, may be used. Walls
WASH DC 20310-0440. For CID activities, relief will be granted by
or ceilings may also be lined with steel plates at least 1⁄8-inch thick.
the appropriate USACIDC region commander, with an information
(3) A prefabricated steel mesh cage may be installed in a room as
copy of the entire proceedings being furnished to the Commander,
an evidence facility if the room’s walls, flooring, or ceiling do not
USACIDC, ATTN: CIOP–ZA, 5611 Columbia Pike, Falls Church,
meet structural standards. The cage must be No. 8 gauge high
Virginia 22041–5015. If all or a part of the lost evidence is in the carbon manganese steel mesh with a 2-inch diamond grid or No. 6
form of .0015 funds, an additional copy of the proceedings will be gauge steel with a 2-inch diamond grid, conform to Headquarters,
forwarded to the Commander, USACIDC, ATTN: CIRM–PB. Relief U.S. Army Corps of Engineers (HQUSACE) drawing 40–21–01,
from further accountability for lost evidence— dated 20 Jun 72, and be permanently attached to the floor. There
(1) Permits the evidence custody document to be closed. will be no space between the floor and the bottom of the cage.
(2) Has no bearing on administrative or judicial action against When a cage creates a space between the original walls of the room
those responsible for the loss or breach. and the cage, the added space must be used only for processing
c. Upon receipt of packaged evidence, if evidence appears to be evidence, and not to store evidence.
missing after the parcel has been inventoried, the appropriate CID c. Doorways.
supervisor or provost marshal will be notified immediately by the (1) There must be only one doorway leading to and from the
primary or alternate custodian. On verification of missing evidence evidence room. Entrance into the evidence room must require open-
from the parcel, the sender will be notified immediately and will be ing two successive doors.
requested to search for the missing items. If the sender cannot locate (2) When an interior steel mesh cage is used, the door to the cage
the evidence, an inquiry will be conducted per AR 15–6. will serve as the second door. In this case, the outer door will be of
solid core wood or metal.
(3) When a steel cage is not used, two doors hung one behind the
other will be used. One door may be of steel mesh welded to a steel
Chapter 4 frame. The second door may be of solid core wood or steel, or it
Security Standards for Evidence Storage may be a hollow wooden door reinforced outside with a steel plate
not less than 1⁄8-inch thick.
4–1. Storage concepts (4) If a barred door is used, the vertical steel bars will be at least
An evidence room is a structure, a room, or a vault that exceeds or 3⁄8-inch thick and no more than 4 inches apart.Horizontal bars will

equals the minimum acceptable structural and security standards be welded to the vertical bars and spaced so that openings do not
required by this regulation. exceed 32 square inches.
a. Classified information will not be stored in the evidence room. (5) Either door may be hung on the outside of the doorway. They
All containers or storage facilities used to store classified informa- will be hung with the door frame attached to the door casing.
tion must meet the security standards in AR 380–5, as appropriate (6) Door hinges will be installed so that doors cannot be removed
(for example, Confidential, Secret, Top Secret.) without seriously damaging the door or jamb. All exposed hinge
b. Evidence storage facilities may be used for storage of con- pins will be spotwelded or installed with brads to prevent removal.
trolled substances for training in the narcotics detector dog program. This is not required when safety and stud hinges are used, or when
(See para 4–2f(5).) the hinge pins are on the inside of the doors. (A safety hinge has a
c. Property which is not evidence (except for b above) will not be metal stud on the face of one hinge leaf and a hole in the face of the
stored in the evidence room. other leaf. As the door closes, the stud enters the hole and goes
d. Those installations or activities who routinely maintain evi- through the full thickness of the leaf. This creates a’bolting’ or
dence of insufficient quantity to reasonably justify construction and ’locking’ effect).
maintenance of an evidence room as described in paragraph 4–2, (7) The outer door will be secured by one high-security, key-
may utilize a safe approved by General Services Administration opened padlock. The padlock will conform to military specification
(GSA) for evidence storage. Such use is subject to the following MIL–P–43607 (GL) (High Security Padlock)NSN
provisions: 5340–00–799–8016 or NSN 5340–00–799–8248, military specifica-
tion P–43951. The changeable combination padlock for the inner
(1) The master drawer of the container (the drawer bearing the
door will conform with Federal specification FF–P–110(S&G
combination lock mechanism and which must be opened prior to
8077A and 8078A series). This changeable combination padlock is
allowing any other drawer in the container to be opened) must be
intended only as an indoor or protected area reusable seal. It is not
fitted with a heavy duty steel hasp and staple, or equivalent, meeting intended for use on the outer door or for protection against forced
the requirements of paragraph 4–2c(7). entry.
(2) The master drawer of the container will be secured with a (8) All locks will be used with a heavy steel hasp and staple.The
high security, key opened padlock as specified in paragraph 4–2c(7). hasp and staple will be attached with smooth-headed bolts or rivets
(3) The container must be located in a locked, controlled access that go through the thickness of the door or jamb. They will be
room. spotwelded or installed with brads on the inside of the door.Heavy

18 AR 195–5 • 28 August 1992

 duty hasps and staples are acceptable if they cannot be removed an equivalent chain is type 1, grade C, class 4, NSN
when the doors are closed. 4010–00–149–5583, NSN 4010–00–149–5575, or NSN
(9) Evidence rooms under 24-hour surveillance only need single 4010–00–171–4427.
doors. In these cases, the single doors will be of solid wood or (2) Shelves or bins. The evidence room will be equipped with
covered with metal to prevent seeing into the evidence room. These bins, cabinets, or shelves as space permits, for neat and orderly
rooms will have high-security padlocks as in (7) above. arrangement of evidence. Adjustable shelves are recommended
d. Windows and other openings. when possible.Uniform-sized envelopes, arranged numerically by
(1) Windows, ducts, vents, or similar openings of 96 square document numbers, are recommended for storing small items (such
inches or more with the least dimension greater than 6 inches shall as controlled substances) on shelves or in drawers.
be covered with hardened steel bars or a suitable steel mesh. (3) Work table. When possible, evidence rooms should be large
(2) When bars are used, they will be at least 3⁄8-inch thick, and enough for a work table or desk for processing of incoming and
vertical bars will not be more than 4 inches apart.Horizontal bars outgoing evidence by the custodian.
will be welded to the vertical bars and spaced with openings of no (4) Refrigerator. A refrigerator is required as a permanent fixture
more than 32 square inches. Ends of the bars will be securely in the evidence room for storage of unstable or perishable evidence.
embedded in the wall or welded to a steel channel frame fastened (5) Containers for controlled substance training aids. When
securely to the window casing. these materials are stored in evidence storage facilities, they will be
(3) Acceptable steel mesh can be made from high-carbon manga- secured in a separate GSA-approved safe under criteria in DA Pam
nese steel, no less than fifteen one-hundredths of an inch thick, with 190–12, chapter 4. Controlled substance training aids will not be
a grid not more than 2 inches from center to center. No.6 gauge secured in containers with evidence and evidence will not be stored
steel mesh with a 2-inch diamond grid may be used when high- in the safe with controlled substance training aids. When a
carbon manganese steel is not readily available. The steel mesh will USACIDC evidence room is used for this purpose, the unit request-
be welded or secured to a steel channel frame and fastened to the ing the storage will provide the safe to be used for this purpose.
building by smooth-headed bolts that go through the entire window
casing. The steel mesh will be spotwelded or installed with brads on 4–3. Temporary evidence facilities
A temporary evidence facility may be needed due to size, amount,
the interior or cemented into the structure itself to prevent easy
and type of evidence collected; the physical location of the CID or
forced entry.
MP element; or the time the evidence is acquired.
(4) If air conditioners are installed in windows or outside walls,
a. Safe or filing cabinet. A safe or secure filing cabinet will be
security measures will be taken to ensure the air conditioners cannot
used for temporary storage of evidence during nonduty hours, pend-
be removed from the outside and access to the evidence room
ing release to the evidence custodian. Access to the safe or filing
cannot be gained from the window openings.
cabinet will be restricted to the person securing the container. A
e. Intrusion detection systems. Consideration should be given to
key-opened padlock will be used instead of a combination padlock.
equipping evidence rooms with a standardized Department of De-
One key will be secured in a separate envelope in the safe contain-
fense intrusion detection system(IDS) connected to a central
ing the combination and the extra padlock key to the evidence room.
monitoring station, with personnel on duty to provide an armed If available, each person may keep a container for this purpose.
response to an alarm signal. The decision to install an IDS is based There should be sufficient temporary containers, depending on the
on a thorough risk assessment of the location of the facility, the volume of evidence handled, so that each duty person has a con-
quantity and types of evidence being stored, and the relative cost of tainer to use during the absence of the evidence custodian. This will
measures to provide security equal to an IDS. Field elements will limit the change in custody of evidence when duty personnel change
coordinate with their supply support activity and facilities engineer during weekends and the custodian is not available. Temporary
to acquire and install an approved IDS. AR 190–13 describes the containers will be secured to the structure or fastened together per
procedures for obtaining Joint Security Installation Intrusion Detec- paragraph 4–2f(1)(e).
tion Systems (J–SIIDS)and other IDS. b. Temporary evidence room. A salvaged container express
f. Internal fixtures. Evidence rooms will be equipped with— (CONEX) or equivalent container (military van) (MILVAN)) can be
(1) Securable containers or vaults per AR 190–11 for high-value made into an acceptable temporary evidence room. The CONEX/
items, narcotics, contraband, weapons, and ammunition. Containers MILVAN must be weatherproofed; if openings are cut into the sides
may be field safes, filing cabinets, lockers, or locally made contain- for air and light, they must be covered with angle iron or steel bars,
ers with at least one approved locking device. or steel mesh must be welded to the internal walls. Two steel straps,
(a) At least one container will be used for added security of high- at least 2 inches wide and1⁄4-inch thick, will be put on the front side
value items (such as jewelry and watches), and large quantities of of the CONEX/MILVAN. They should be mounted to completely
narcotics (for example, 1 ounce of heroin or cocaine, or 1 kilo of span the door width. The straps will be hinged or hung from eye
hashish or marihuana.) bolts welded to the side of the CONEX/MILVAN beyond the hinges
(b) Narcotics or contraband evidence in quantities less than that of the door. The upper strap will be mounted about 18 inches from
described in (a) above, may be stored in bins or on shelves with the top of the door and the lower strap the same distance from the
other evidence. bottom. The free end of each strap will be slotted to fit a staple of
(c) A separate container for each category of sensitive/high-value heavy pattern steel. The straps will be secured with padlocks de-
evidence is not required. scribed in paragraph 4-2c. Whenever a CONEX or equivalent con-
(d) All weapons and ammunition will be secured in an approved tainer is used as an evidence room, it will be near a 24-hour
safe. Common Table of Allowances (CTA) 50–909 lists safe operational activity, and routinely observed by that activity’s
authorized. personnel.
(e) Containers of less than 500 pounds will be secured to the c. Building or enclosure.
structure to prevent unauthorized removal. A chain may be secured (1) A separate building or fenced enclosure as appropriate may
to the container and fastened to a radiator, a water pipe, an eyelet be used when there are—
installed for this purpose, or other similar object. When several (a) Unusually large items of physical evidence (such as motor
containers are used, they may be fastened together without being vehicles or boats.)
fastened to the structure if the combined weight of all containers (b) Large amounts of recovered property that cannot be placed in
fastened together is at least 500 pounds. The containers, with any the evidence room.
attached chains, will be secured with approved locking devices. (2) A fenced enclosure will be used only when there is no suita-
Chains used to secure containers shall be heavy duty hardened steel ble building.
of at least &frac516;-inch thickness or of equivalent resistance to (3) Normally, evidence that requires a fenced enclosure can be
force required to cut or break a secondary padlock. An example of processed, photographed, and released after consulting with

AR 195–5 • 28 August 1992 19

SJA.However, if an enclosure or separate building must be used for c. Evidence will be protected, packed, and sealed per this regula-
temporary storage, the responsible supervisor and evidence custo- tion and FM 19–20. To maintain the chain of custody properly,
dian must protect the evidence. packages will contain evidence from only one investigation.
d. Contributors will send evidence, DA Form 4137, and DA
4–4. Security Form 3655 (fig 5–1) to the appropriate USACIL. Instructions for
a. Evidence room. The evidence room will be locked at all times completing DA Form 3655 are at figure 5–2. Requests for DA Form
when not occupied by the primary or alternate custodian. Author- 3655 should be sent to Commander, U.S. Army Publications and
ized personnel will have access to the evidence room only when Distribution Center-Baltimore, 2800 Eastern Blvd., Baltimore, MD
accompanied by the responsible custodian. Personnel will never be 21220–2896.
left in the evidence room without the custodian. The primary or
alternate controlled substance training aids custodian will have es- 5–2. Sealing
corted access to the evidence room to issue and receive training aids a. General.
or accomplish the responsibilities for security, control, and account- (1) When sealed evidence is sent to a USACIL, the original
ability of the controlled substance training aids, per AR 190–12 and evidence custody document, and the original and one copy of the
DA Pam 190–12. Training aids custodians will not have access to or crime lab examination request, will be enclosed in an addressed
handle evidence. Primary or alternate evidence custodians will not envelope that is placed under the outer wrapper of the package.
have access to or handle controlled substance training aids.Evidence (2) Multiple items of fungible evidence from the same investiga-
custodians will not be training aids custodians. tion, sealed in separate containers, may be sent in one shipping
b. Key and combination control. package. Fungible evidence in sealed containers may also be sent in
(1) Except for the combinations to the training aid locks, only the same shipping package as nonfungible evidence from the same
primary and alternate custodians will know the combinations of investigation. While the minimum standards of double wrapping
locks in the evidence room. However, copies of all combinations must be met for all evidence in the container, evidence sealed in one
will be recorded on Standard Form 700 (Security Container Infor- container (heat-sealed bag, manila envelope, cardboard box, and so
mation).These will be kept in sealed envelopes in the safe of the on) need only be wrapped once to meet this requirement.
appropriate CID supervisor or provost marshal. b. Fungible evidence.
(2) Each key-operated lock will have two keys. Except for the (1) After wet or damp fungible items have been visually exam-
keys to the training aids container, one key to each lock will always ined, field tested, and dried, they will be sealed in a container before
be kept by the primary custodian. The duplicate key will be put in a sending them to a USACIL. They may be sealed in paper or manila
separate sealed envelope and secured in the safe of the appropriate envelopes, cardboard boxes, or wrapping paper.Evidence will be
CID supervisor or provost marshal. sealed as early as possible when in custody to reduce the number of
(3) Lock combinations will be changed when the primary or persons having access to it and to preclude loss or alteration of the
alternate custodian changes. All combinations and key locks will be evidence. Containers with previous markings or seals will not be
reused.
changed upon possible compromise.
(2) Like items of fungible evidence seized at the same time
(4) Keys will be transferred from the primary to the alternate
should be sealed in one container when possible (for example,
custodian only if the primary custodian is to be absent for more than
packets of heroin taken from the same location at the same time).
1 duty day or 3 non-duty days.
(3) When fungible evidence is sealed in containers other than
(5) Master key padlocks or set locks will never be used in the
heat-sealed bags, all openings, joined surfaces, and edges will be
evidence room. sealed with paper packaging tape or the equivalent. Cellophane or
(6) When controlled substances training aids are stored in evi- masking tape will not be used. The following will be placed so that
dence rooms, only the primary and alternate controlled substance they appear on both the tape and the package—
training aids custodians will know the combinations of the locks on (a) The time and date of sealing.
the controlled substance training aids containers. The combinations (b) The initials or signature of the person sealing the package.
will be recorded on Standard Form 700 and will be kept in a sealed (c) The USACIDC control number or military police report
envelope secured in the safe of the provost marshal or security (MPR)number.
officer. (4) When heat-sealed bags are used, procedures provided with
the equipment will be used. A self-adhering DA Form 4002 will be
affixed to the outside of the bag away from the heat-sealed strip.The
evidence room document number, USACIDC control number or
Chapter 5 MPR number, item number, and total number of items on the evi-
Submission of Evidence to U.S. Army Criminal dence custody document, time and date the evidence was obtained,
Investigation Laboratories initials of the person who obtained the evidence, and any pertinent
remarks will be annotated on the label. The heat-sealed strip will be
5–1. Processing of evidence embossed in the upper right corner of the bag with a raised seal
a. Physical evidence that may contribute to the resolution of an
unique to the submitting unit or installation. There is no requirement
investigation may require technical examination or analysis by
for any additional label to be placed on the heat-sealed strip at the
USACIL. The three laboratories and their areas of responsibility
location where it is embossed.
are—
(5) Small amounts of powders, hairs, fibers, small paint chips, or
(1) USACIL–CONUS, ATTN: CILAC–XX (Appropriate Divi- flakes will not be placed in plastic bags as they will adhere to the
sion), Fort Gillem, Forest Park, GA 30050–5000, which provides inside because of static electricity. They should be put in paper
support to CONUS, Puerto Rico, and the Republic of Panama. wrappings, cardboard containers, or plastic or glass vials.
(2) USACIL–Europe, ATTN: (Appropriate Division), APO AE (6) Fungible evidence to be submitted for serological tests will
09242–5272, which provides support to Europe and the Middle not be sealed in a plastic container. This evidence will be packaged
East. per FM 19–20.
(3) USACIL–Pacific, ATTN: (Appropriate Division), APO AP c. Nonfungible evidence. Nonfungible evidence, such as glass,
96343–0086, which provides support to the Far East, Hawaii, Alas- metal, and plastics(including plastic bags), should be sealed in a
ka, and the Indian Ocean. suitable container other than heat-sealed bags, especially when latent
b. Evidence should be expeditiously submitted to a USACIL, print examination is contemplated. Nonporous fungible or nonfun-
normally within 5 working days after being identified as requiring gible evidence should be isolated or immobilized within a container
laboratory examination. Perishable evidence should be sent immedi- and not wrapped in packing material which will destroy latent
ately to the supporting USACIL. prints.For the best latent print examination, evidence should be

20 AR 195–5 • 28 August 1992

forwarded in a cardboard box rather than manila envelopes which the evidence has been sent, the USACIL will be notified by the
do not provide protection from pressure and abrasion. quickest means possible.
d. Document evidence and nonporous latent print evidence. d. The USACIL that receives such a request will process the
Questioned document evidence and nonporous latent print evidence evidence as expeditiously as possible. If this is not possible, the
will not be heat-sealed or placed unprotected in plastic bags or USACIL will notify the requester by telephone or electrical mes-
document protectors, because there is a risk of damage to the evi- sage, stating the reasons.
dence. Paper envelopes or folders are preferred for document evi-
dence. Nonporous latent print evidence will be suspended, braced, 5–4. Special circumstances
or otherwise packed in a way that prevents any rubbing action a. If the USACIL determines that all of an evidence sample in an
which could smudge latent prints. identified suspect investigation will be consumed during evaluation,
the following procedures will be followed:
5–3. Expeditious handling and examination of evidence
(1) The USACIL will notify the investigator responsible for the
a. Expeditious handling may be necessary when—
investigation that total consumption of the evidence sample is
(1) The subject is being held in pretrial confinement.
anticipated.
(2) A trial date is set.
(3) Results are needed for an Article 32 investigation or an Arti- (2) The responsible investigator will notify the SJA or trial coun-
cle 39a session. sel that the evidence in question will be totally consumed, and that
examination of the evidence will be delayed for a period of 7 days
(4) The subject is due for transfer, separation, or reenlistment.
from the date the investigator was notified.
(5) The special agent or MP investigator assigned the case is
scheduled for permanent change of station or expiration of term of (3) The SJA or trial counsel will be requested to advise the
service. suspect’s defense counsel of the anticipated total consumption of
(6) Analysis of covertly acquired controlled substances is needed evidence, and that if the defense counsel desires to be present at the
for further investigation. evaluation, the burden is on the defense counsel to notify the inves-
(7) Other valid reasons exist. tigator of this desire through the SJA or trial counsel.
b. USACIDC or MP activities will request prompt handling by (4) If the investigator is advised that the defense counsel requests
the USACIL by putting ’EXPEDITE’ on the crime lab examination to be present at the evaluation, the investigator will immediately
request after the subject’s name, and listing the reason for the notify the USACIL of this request.
expedite request. b. Unless notified otherwise by the investigator, the USACIL will
c. If telephonic or electrical message notification of the labora- conduct the requested examinations seven days after first notifica-
tory results is desired, the crime lab examination request will be tion of the investigator.
annotated in block 11. This will include the name and telephone c. If there is no suspect, laboratory evaluation will be conducted
number of the person to be notified. If such notice is required after in the normal manner even though all of the sample will be
consumed.

AR 195–5 • 28 August 1992 21

 Figure 5-1. Sample of a completed DA Form 3655

22 AR 195–5 • 28 August 1992

Figure 5-1. Sample of a completed DA Form 3655—Continued

AR 195–5 • 28 August 1992 23

Legend for Figure 5-1:
Completion for DA Form 3655.

The original and one copy of the crime lab examination request will be
sent with the evidence, and one copy, with pen and ink annotation of
the registered mail number and date forwarded to USACIL, will be
maintained with the copy of the evidence custody document retained
in the evidence room suspense file.

To: The “To” block will list the address of the USACIL serving the
contributing office. The division(s) to make the examination is (are)
shown on the “Attention line” (for example, chemistry, firearms, docu-
ments, latent print, or photography). If examination is to be conducted
by more than one division, the divisions should be listed in a logical
order facilitating the required examinations. The “From” block will list
the contributor’s return address. The evidence and report will be re-
turned to the contributor reflected in the “From” block unless otherwise
specified. If the evidence and/or report is to be returned to an office
other than the one in the “From” block, the address to which the report
and/or evidence is to be returned will be noted in the lower portion of
the “From” block, preceded by the annotation “Return report to:”,
“Return report and evidence to:”, or “Return evidence to:”, dependent
upon which action is desired.

Blocks 1 through 9. These blocks are self-explanatory.

Block 10. Evidence submitted will be listed numerically and organ-

ized in a clear and logical manner with consideration given to the type
of examination requested (for example, questioned document evi-
dence listed separately from serology evidence, and so on). Evidence
submitted will be described in sufficient detail for the laboratory exam-
iner to correctly identify the evidence. For clarity, the document num-
ber and the item number from the evidence custody document can be
included. Known handwriting exhibits pertaining to a single person
may be grouped as a single exhibit providing they can be clearly
identified using the evidence custody documents.

Block 11. Describe the examinations desired by the contributor.

Only examinations necessary to resolve an investigation will be re-
quested. Requesting “other examinations as appropriate”is recom-
mended. Also, furnish any information that the requester feels will help
the examiner and aid in processing. A brief synopsis of the back-
ground information is recommended for all submissions. All serology,
firearms, and trace evidence submissions must have background in-
formation in this block.

Laboratory examination request. Normally, the case agent or in-

vestigator will complete and sign the crime lab examination request as
the requester. If circumstances require, a supervisor may sign as the
requester. The evidence custodian will review the completed crime lab
examination request prior to its submission to USACIL.

24 AR 195–5 • 28 August 1992

Appendix A AR 190–13
References The Army Physical Security Program

Section I DA Pam 710–2–1

Required Publications Using Unit Supply System

AR 15–6 Federal Rules of Criminal Procedure

Procedures for Investigating Officers and Board of Officers. (Cited
in paras 3–3a and 3–3c.)
Military Rules of Evidence
AR 25–400–2 Manual for Courts-Martial, United States, 1984
The Modern Army Recordkeeping System (MARKS). (Cited in
paras 2–4f and 2–5a.) Uniform Code of Military Justice

AR 190–11
Physical Security of Arms, Ammunition, and Explosives. (Cited in United States Code
18 USC 504
para 4–2f(1).)
United States Code
AR 190–12
18 USC 924d
Military Police Working Dogs. (Cited in paras 2–10a(1), 2–10a(3),
and 4–4a.) United States Code
21 USC 812
AR 190–53
Interception of Wire and Oral Communications for Law Section III
Enforcement Purposes. (Cited in para 2–8j(13).) Prescribed Forms
AR 195–2 DA Form 3655
Criminal Investigation Activities. (Cited in para 2–7h.) Crime Lab Examination Request. (Prescribed in paras 2–7c(3) and
5–1d.)
AR 195–3
Acceptance, Accreditation, and Release of U.S. Army Criminal DA Form 4002
Investigation Command Personnel. (Cited in para 3–3a.) Evidence/Property Tag. (Prescribed in paras 2–1b, 2–4b, and
5–2b(4).)
AR 195–4
Use of Contingency Limitation .0015 Funds for Criminal DA Form 4137
Investigative Activities. (Cited in para 2–8k.) Evidence/Property Custody Document. (Prescribed in paras 1–6c(3),
2–3, 2–4, and 5–1d.)
AR 340–3
Official Mail Cost Control Program. (Cited in para 2–7e.) Section IV
Referenced Forms
AR 380–5
Department of the Army Information Security Program. (Cited in DA Form 3862
para 4–1a.) Controlled Substances Stock Record

AR 600–8–1 DA Form 3975

Army Casualty and Memorial Affairs and Line of Duty Military Police Report
Investigations. (Cited in para 2–8j(9).)
DA Form 4283
AR 710–2 Facilities Engineering Work Request
Supply Policy Below the Wholesale Level. (Cited in para
2–8j(12)(a).) DD Form 281
Voucher for Emergency or Extraordinary Expense Expenditures
CTA 50–909
Field and Garrison Furnishings and Equipment DD Form 1131
Cash Collection Voucher
DA Pam 190–12
DD Form 1348–1
Military Working Dogs. (Cited in paras 2–10a(1) and 4–4a.)
DOD Single Line Item Release/Receipt Document
DOD Manual 4160.21–M Standard Form 700
Defense Disposal Manual. (Cited in paras 2–8j(12)(e) and 2–8j(14).) Security Container Information
FM 19–20
Law Enforcement Investigations. (Cited in paras 2–1a, 2–7d(1),
5–1c, and 5–2b(6).)

Section II
Related Publications
A related publication is merely a source of additional information.
The user does not have to read it to understand this publication.

AR 195–5 • 28 August 1992 25

Glossary IRS Alternate evidence custodian
Internal Revenue Service A person assigned to act in the capacity of
Section I the primary custodian during temporary ab-
Abbreviations J-SIIDS sences of the primary custodian.
Joint Services Interior Intrusion Detection
AIDS System Approved hasps
acquired immune deficiency syndrome Hasps and hardware to provide comparable
LSD protection to that afforded by locks used. Lis-
APO lysergic acid diethylamide ted below are examples of hasps approved
Army Post Office for use with high security padlocks.
MACOM a. High security shrouded hasp. A heavy
AR major Army command duty hasp meeting military specification
Army Regulation MIL–H–29181(YD) for use with high secu-
MARKS rity padlocks. The hasp has cover that
ARNG Modern Army Record-keeping System protects the lock from cutting or hammer
Army National Guard tools and inclement weather.
MILVAN b. High security hasp. A heavy duty hasp
AUSA military van meeting military specification
Assistant United States Attorney MIL–H–43905A for use with the high secu-
MOS rity lock.
CID military occupational specialty
Criminal Investigation Division Approved locks
MP High security and secondary locks in use
CIS military police with stock numbers other than those listed in
Chief, Investigative Support a and b below are authorized or approved
MPR until replacement is required.
CONEX military police report a. High security padlocks (HSP). HSP,
container express military specification MIL–P–43607, with
NCO any of the following stock numbers, are ap-
CONUS noncommissioned officer proved locking devices.
continental United States (1) NSN 5340–00–799–8016, open
PM shackle with clevis and chain. This lock is
CTA provost marshal authorized for continued use as an HSP until
common table of allowances stocks are depleted or replacement is needed.
ROI Then, the HSP in (2) below will be used.
DA report of investigation (2) NSN 5340–00–799–8248, shrouded
Department of the Army shackle with clevis and chain.
SAC b. Secondary padlocks. Low security,
DEA Special Agent-in-Charge Grade II, Style A, Class 1, Type A locks
Drug Enforcement Administration with and without the clevis and chain accord-
SCRCNI ing to MIL–P–17802. (NSN
DOD sealed container received, contents not 5340–00–158–3805, without the chain, and
Department of Defense inventoried NSN 5340–00–158–3807, with the chain).
These locks are to be used when high secu-
DRMO SJA rity padlocks are not required, such as when
Defense Reutilization Marketing Office Staff Judge Advocate security chains are used to secure the Class V
containers to a structure or to each other.
DSSN UCMJ c. Built-in combination locks. Integral
Disbursing Station Symbol Number Uniform Code of Military Justice parts of Class V GSA-approved vault doors
designed to provide protection against forced
EOD USACIDC entry. They are also installed on Class V
explosive ordnance disposal U.S. Army Criminal Investigation Command GSA-approved containers.
d. Combination padlocks. The changeable
FAO USACIL combination padlock used for the inner door
finance and accounting office U.S. Army Criminal Investigation Laboratory to the evidence room is not a high security
lock. It is intended for use only as an inner
GBL USACRC door or protected area reusable seal. It is not
Government bill of lading U.S. Army Crime Records Center intended for use with outer doors or to pro-
tect the evidence room or anything within the
GSA USAR evidence room against forced entry. Any
General Services Administration U.S. Army Reserve combination padlock used will conform to
Federal specification FF–P–110 (S&G 8077A
HQUSACE USPS and 8078A series).
Headquarters, U.S. Army Corps of Engineers U.S. Postal Service
Chain of custody
HSP USSS A chronological written record of people who
high security padlock U.S. Secret Service have had custody of the evidence from initial
acquisition until final disposition.
IDS Section II
Intrusion Detection System Terms CID supervisor
A commissioned officer, special agent, or

26 AR 195–5 • 28 August 1992

DA civilian who has been assigned as a Nonfungible evidence
region, laboratory, district, field office com- Evidence readily identified, marked distinc-
mander, executive officer, operations officer, tively, or with individual characteristics (for
or to other positions within the USACIDC as example, items with serial numbers or any-
designated by the Commanding General, thing that can be marked for identification by
USACIDC, or the special agent-in-charge of the person assuming custody).
a branch office or resident agency.
Physiological evidence
Controlled substance Evidence dealing with human or plant
A drug or other substance listed in current organisms.
schedules of section 812, title 21, United
States Code. (General categories are narcot- Primary evidence custodian
ics, derivatives of the Cannabis-Sativa plant, A CID special agent, an MP (commissioned
amphetamines, barbiturates, and or noncommissioned officer), or a DA civil-
hallucinogens). ian assigned responsibility for the operation
of an evidence room.
Evidence
Anything that helps to ascertain the truth of a Provost marshal
matter, or gives proof of a fact. Evidence The senior law enforcement or security offi-
may be physical or testimonial. This regula- cial on an installation or military community,
tion addresses only physical evidence. Evi- as appropriate.
dence custody document files File folders,
kept by the evidence custodian, that contain Section III
physical evidence custody documents. Special Abbreviations and Terms
This section contains no entries.
Evidence custodian document suspense
files
Files with a copy of DA Form 4137—
a. Adjudication—for evidence currently
on temporary release for court, courts-mar-
tial, or for investigation under Article 32,
UCMJ.
b. USACIL—for evidence sent to
USACIL for analysis.
c. Pending Disposition Approval—When
the original DA Form 4137 is sent to the SJA
for approval of final disposition.

Evidence ledger
The bound record book, FSN
7530–00–286–8363, kept by the evidence
custodian to provide double accountability
and to cross-reference custody documents.

Evidence room
A storage room or facility in which items of
evidence are secured.

Found controlled substance

A drug or other controlled substance not of
value as evidence.

Fungible evidence
Evidence that might easily be exchanged or
substituted for other like substances. It is not
readily identified, marked distinctively, or
possessed of individual characteristics.

Military Police
The term that applies to soldiers with the
Military Occupational Specialties (MOS) 95B
and 95C and commissioned officers with
speciality code 31. At those installations
where law enforcement and security services
are provided by DA employees and contrac-
tor personnel, the term Military Police or MP
activities, as used in this regulation, applies
to the individuals or the agency charged with
the law enforcement or security
responsibilities.

AR 195–5 • 28 August 1992 27

Index Continuation pages, 2–3 Missing persons, property of, 2–8
This index is organized alphabetically by Preparation, 2–3 Money orders, 2–8
topic and by subtopic within topic. Topics Description of articles, 2–3 Negotiable instruments, 2–8
and subtopics are identified by paragraph Distribution, 2–3, 2–4 Personal property, 2–8
number. Document number, 2–4 Photography, 2–8
Chain of custody Errors, 2–3 Post exchange items, 2–8
Change of, 2–3 Files, 2–4 Postal investigations, 2–8
Continuation pages, 2–3 Location of evidence, 2–4 Property of no value, 2–8
Fungible evidence, 2–3 Processing, 2–4 Property of value with no known owner,
Maintenance of, 2–3 Who must prepare, 2–3 2–8
Classified information Evidence custody document files Reproduction of U.S. currency, 2–8
or material 4–1 Active file, 2–4 To another agency, 2–8
Controlled substances Inactive file, 2–4 Unknown subject cases, 2–8
Changes in quantity, 2–4 Suspense files, 2–4 U.S. Government property, 2–8
Field testing, 2–4, 2–11 Evidence facilities USPS documents, 2–8
Use for training, 2–10 Construction, 4–2 Forms
Witness to destruction, 2–8 Doorways, 4–2 DA Form 3655, 2–7, 5–1
Crime lab examination request (DA Form Inspection of, 1–4, 3–1 DA Form 4002, 2–1, 5–2
3655) Internal fixtures, 4–2 DA Form 4137, 1–6, 2–3,2–4
Expeditious handling and examination pro- Intrusion detection system, 4–2
Grand Jury materials
cedures, 5–3 Inventories, 3–2
Access, 2–9
Forwarding, 5–2 Location, 4–2
As evidence, 2–9
Preparation, figure 5–2 Locks, 4–1, 4–2, 4–3,4–4
Inspection of, 2–9
Recording Inspections, 3–1
Deceased persons, final Inventory of, 2–9
Safes, filing cabinets, 4–1,4–2, 4–3
disposition of property of, 2–8 Recording, 2–9
Security standards, 4–1
Destruction of evidence for final Storage, 2–9
Temporary facilities, 4–3
disposition, methods, 2–8 Windows, 4–2 Heat–sealed bags, 2–1, 5–2
Evidence Evidence ledger
Inquiries
Classified information or material, 4–1 Errors, 2–5
Evidence missing from packaged evidence
Documents, 2–6 Length of use, 2–5
received, 3–3
Final disposition of, 2–7, 2–8 Preparation and maintenance, 2–5
Failure to account for or recover lost evi-
Fingerprint cards, 2–6 Signatures, 2–5
dence, 3–3
Fungible, 2–3, 2–7 Yearly close–out, 2–5
Initiation, 3–3
Grand Jury materials as, 2–9 Evidence/property tag
Reasons to conduct, 3–3
Identification, 2–1 (DA Form 4002), 2–1, 5–2
Relief from accountability, 3–3
Inventory, 2–3 Expeditious handling and examination of
Reporting, 3–3
Laboratory examination of, 2–7,5–1 evidence, 5–3
Inspections
Large items, 2–6, 4–3 Field testing of controlled substances Exception, 3–1
Limitation .0015 Funds, 2–3 Authority, 2–11 Grand Jury materials, 2–9
Long–term retention, 2–12 Documentation, 2–4, 2–11 Recording, 3–1
Marking, 2–3 Furnishing results, 2–11 Requirement, 1–4, 3–1
Mailing, 2–7, 2–13 Files, evidence custody document, 2–4 Who will conduct, 1–4
Maintenance of, 2–6 Final disposition of evidence Inventories, 3–2
Receipt for, 2–3 After laboratory analysis, 2–8 Breach of security, 3–2
Recording, 2–3 Ammunition, 2–8 Change of custodian, 3–2
Release to custodian, 2–4 Approval authority, 2–8 Fungible evidence, 3–2
Relief from accountability, 3–3 Black-market items, 2–8 Grand Jury materials, 2–9
Sealed containers, 2–3 Body fluids, 2–13 Lost evidence, 3–2
Sealing, 2–1, 2–2, 2–12,2–13, 5–1, 5–2 By USACIL, 2–7 Quarterly, 3–2
Shipping, 2–7 Commissary items, 2–8 Recording, 3–2
Special handling and safety precautions for Controlled substances, 2–8, 2–10 Requirement, 3–2
body fluids, 2–13 Counterfeit currency, coins, and equip-
Suspense files 2–7 Laboratory report, 2–4
ment, 2–8
Temporary release of, 2–7 Limitation .0015 funds
Customs investigations evidence, 2–8 De-
Temporary storage, 2–4 As evidence, 2–3
ceased persons, property of,
Transfer of, 2–7 Final disposition, 2–8
Deserter cases, 2–8
Weapons, 2–6 Long–term retention of evidence
Destruction, methods, 2–8
Wrapping, 2–13 Certification of contents, 2–12
Electronic surveillance evidence, 2–8
Evidence custodian Final disposition, 2–12
Evidence entered in record of trial, 2–8
Alternate, 1–4 Firearms, 2–12
Evidence under long–term retention, 2–12
Appointment, 1–4 Packing, 2–12
Exemplars, 2–8
Change of, 1–6, 3–2 Sealing, 2–12
Explosive devices, 2–8
Primary, 1–4 Firearms, 2–8 Mailing evidence, 2–7, 2–13
Qualifications, 1–6 Funds, 2–8 Memorandum for record, 2–4
Supervision of, 1–4 Illegal weapons, 2–8 Missing persons, final
Evidence custody document (DA Form Known document standards, 2–8 disposition of property of, 2–8
4137) Known subject cases, 2–8
Attachment to reports, 2–4 Photographing evidence, 2–8
Limitation .0015 Funds, 2–8
Chain of custody, 2–3 Physiological evidence, submission to
Methods of destruction, 2–8

28 AR 195–5 • 28 August 1992

 USACILs for LSD determination, 2–7
Relief from accountability, 3–3
Reproduction of U.S. currency, 2–8
Responsibilities, 1–4
Sealing evidence, 2–1, 2–2,2–12, 5–1, 5–2
Security, 4–4
Special handling and safety
precautions for body fluids, 2–13
Submission of evidence to USACILs
Crime lab examination request, figure 5–1
Contents of packages, 5–1
Documentation, 2,7, 5–1
Expeditious handling and examination pro-
cedures, 5–3
Fungible evidence, 5–2
Latent print evidence, 5–2
Mailing, 2–7
Nonfungible evidence, 5–2
Physiological evidence for LSD determina-
tion, 2–7
Questioned document evidence, 5–2
Requirement for, 2–7
Sealing, 5–2
Shipping, other than by mail, 2–7
Special circumstances, 5–4
Timeliness of submission, 5–1
Suspense files, 2–7
Transfer of evidence
To another evidence room, 2–7
To another agency, 2–8
USACILs
Areas of responsibility, 5–1
Exception for use of, 2–7
Requirement to use, 2–7
Requests for USACIL analysis from
non–CID/Army activities, 2–7
Waivers, 1–5

AR 195–5 • 28 August 1992 29

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