ASTM E860-22

This document is not an ASTM standard and is intended only to provide the user of an ASTM standard an indication of what changes have been made to the previous version. Because
it may not be technically possible to adequately depict all changes accurately, ASTM recommends that users consult prior editions as appropriate. In all cases only the current version
of the standard as published by ASTM is to be considered the official document.
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Designation: E860 − 07 (Reapproved 2013) E860 − 22 An American National Standard
Standard Practice for
Examining Andand Preparing Items That Are Oror May
Become Involved Inin Criminal or Civil Litigation
This standard is issued under the fixed designation E860; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
ε NOTE—Editorial corrections were made to 5.4 in March 2014.
ε NOTE—Editorial corrections were made to 5.4.2 in October 2017.
1. Scope
1.1 This practice sets forth guidelines covers procedures for the examination and testing of actualevidence items or systems
(hereinafter termed evidence) that may have been involved in a specific incident that arewhich are, or may be reasonably expected
to be, the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that
examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the
evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may
require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior,
but such deviations should be justified and documented. is applicable when it is determined that examination or testing of evidence
is required, and such examination is likely to change the nature, state, or condition of the evidence.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace
education, training, or experience is intended for use by competent forensic science practitioners with the requisite formal
education, discipline-specific training (see Practice E2917and should be used in conjunction with professional judgment. Not all
aspects of this practice may be applicable in all circumstances.), and demonstrated proficiency to perform forensic casework.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility
of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of
regulatory limitations prior to use.
1.5 This international standard was developed in accordance with internationally recognized principles on standardization
established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued
by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
2. Referenced Documents
2.1 ASTM Standards:
E1020 Practice for Reporting Incidents that May Involve Criminal or Civil Litigation (Withdrawn 2022)
This practice is under the jurisdiction of Committee E30 on Forensic Sciences and is the direct responsibility of Subcommittee E30.11 on Interdisciplinary Forensic
Science Standards.
Current edition approved June 1, 2013Sept. 1, 2022. Published July 2013June 2023. Originally approved in 1982. Last previous edition approved in 20072013 as
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E860 – 07.E860 – 07 (2013) . DOI: 10.1520/E0860-07R13E02.10.1520/E0860-22.
For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM Standards
volume information, refer to the standard’s Document Summary page on the ASTM website.
The last approved version of this historical standard is referenced on www.astm.org.
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E860 − 22
E1188 Practice for Collection and Preservation of Information and Physical Items by a Technical Investigator
E1413 Practice for Separation of Ignitable Liquid Residues from Fire Debris Samples by Dynamic Headspace Concentration
onto an Adsorbent Tube
E1459 Guide for Physical Evidence Labeling and Related Documentation
E1492 Practice for Receiving, Documenting, Storing, and Retrieving Evidence in a Forensic Science Laboratory
E1732 Terminology Relating to Forensic Science
E1843E2917 Guide for Sexual Violence Investigation, Examination, and Evidence Collection ProtocolPractice for Forensic
Science Practitioner Training, Continuing Education, and Professional Development Programs
2.2 Other Documents:
NFPA 921 Guide for Fire and Explosion Investigations
3. Terminology
3.1 Definitions—For definitions of terms used in this practice, refer to Terminology E1732.
3.2 Definitions:Definitions of Terms Specific to This Standard:
3.2.1 destructive testing—testing, n—testing, examination, re-examination, disassembly, or other actions likely to alter the
original, as-found nature, state, or condition of items of evidence so as to preclude or adversely affect additional examination and
testing.
3.2.2 spoliation of evidence—evidence, n—the loss, destruction, or material alteration of an object or document that is evidence
or potential evidence in a legal proceeding by one who has the responsibility for its preservation. Spoliation of evidence may occur
when the movement, change or destruction of evidence, or alteration of the scene significantly impairs the opportunity of other
interested parties to obtain the same evidentiary value from the evidence as did any prior investigator.
3.2.2.1 Discussion—
Spoliation of evidence may occur when the movement, change, or destruction of evidence, or alteration of the scene significantly
impairs the opportunity of other interested parties to obtain the same evidentiary value from the evidence as did any prior
investigator.
4. Significance and Use
4.1 This practice establishes procedures to be followed by the forensic science practitioner to document the nature, state, or
condition of items of evidence. It also describes specific actions that are required for destructive testing if planned testing,
examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or
adversely limit additional examination or testing.
4.2 Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
5. Procedure
5.1 The forensic science practitioner can be the person, firm, laboratory, or agency responsible for conducting examinations or
tests of the evidence should document who is responsible for documenting the nature, state, and condition of the evidence as
collected or received by descriptive, photographic, or other suitable methods prior to any test, examination, re-examination,
disassembly, or alteration.
5.1.1 The chain-of-custody record documents the chronological movement, location, and custodial status of physical evidence
from the time it is collected through the final disposition. A break in the chain of custody can be grounds for challenging the
admissibility of evidence. See Practice E1188.
5.1.1.1 Each forensic science practitioner involved with evidence collection, storage, and handling of evidence documents the
condition of any evidence package when collected, or received, and while in their possession (for example, sealed, not sealed, or
damaged).
5.1.1.2 Every transfer of evidence between individuals and storage locations are documented by the forensic science practitioner
having the custody of the evidence. The condition of all transfers are documented.
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E860 − 22
5.1.2 Attempt to determine When the forensic science practitioner observes any change(s), alteration(s) or contamination of the
evidence subsequent to the incident, and document those findings.incident or collection of the evidence at the scene, such
observations and findings are documented.
5.1.3 Any changes made to the contents of the package are documented.
5.2 The forensic science practitioner, whenever feasible, leaves a sufficient quantity of the substance intact to allow independent
testing or reanalysis at a later date.
5.3 It is recognized that certain characteristics cannot be determined without destructive testing. Non-destructive tests and
examinations should be carried out prior to any destructive testing, and destructive testing should be kept to a minimum, and
thoroughly documented. If exemplars can be used instead of the subject items, then exemplars should be used to minimize
consumption of the subject item. If proposed tests, examinations, or other actions are likely to alter the nature, state, or condition
of the evidence so as to preclude or limit additional examination or testing, the person, firm, or agency planning to perform the
proposed action should take the following steps:Destructive Testing Considerations
5.3.1 It is recognized that certain characteristics cannot be determined without destructive testing. Non-destructive tests and
examinations are carried out prior to any destructive testing, and destructive testing should be kept to a minimum, and thoroughly
documented. If exemplars can be used instead of the subject items, then exemplars should be used to minimize consumption of
the subject item. If proposed tests, examinations, or other actions are likely to cause spoliation of evidence so as to preclude
additional examination or testing, the forensic science practitioner planning to perform the proposed action should take the
following steps:
5.3.2 Notify its client When destructive testing will preclude additional testing of evidence (i.e., the entire sample is consumed),
notify the client, or current owner of the evidence, that the proposed action is likely to alter the nature, state, or condition of the
evidence so as to preclude or limit additional examination or testing of the resulting in spoliation of evidence.
5.3.3 Recommend that its client notify other client, or current owner of the evidence, notify other known interested parties of the
proposed action described intesting or examination, 5.2and,
5.3.4 Recommend to its client that other cl
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