3

I.

H.\NDLING EXHIBITS

3,
3.,
5.

3'

3'

tests by FBI and marks made by FBI.

8. Offer exhibit into evidence subject to ashowing of

have him explain what it is.

materiality, unless the materiality has already been

Have witness identify any marks (initials, etc.) or other

show or is self-evident.

identifying characteristics to show the exhibit is the

9. After demonstration of materiality of exhibit, re-offer it

same one that he has reference to.

for unlimited purposes.

Have witness explain where exhibit obtained.

10. Materiality of certain exhibits may be shown by use of

expert witnesses (such as FBI lab men) who will

Have witness explain the exhbtt has been in his custody.

connect blood samples, hair, fiber, etc., with the c^e at

trial. Then those items can be re-offered for unlimited

If exhibit sent off to FBI for tests, have witness

point this out, when sent off, when returned, and that

purposes. Other items, such as weapons identified by

he maintained custody of it after its return.

officers and marked by them, also identified by other

witnesses as like gun used in crime, need no further

Determine whether exhibit isin same (or substantially

the same) condition as when he originally took custody

showing of materiality.

of it, or explain any change in condition, such as where

. .

marks or samples taken from itduring examinatioii and

Have exhibU marked for idcniincation by clerk.

Ask witness if herecognizes the exhibit but don't

3.

U.

evidence check list

NO. EXHIBIT
DESCRIPTION

ADMITTED
IDENTIHED BY:

W/RESTRICTIONS

W/0 RESTRICTIONS

3
3

:i

3
3

Note: Just before restingyour case-qui^Iy twew ^

enhibiu have been admitted-double check wtth the Qerk-tnen,

^ut o?^ abontonce of

caution, state the following on the record:

"1
)

Your honor, the State moves the admissibiiity into evidence of aii exhibits

heretofore marked and presented by theslate...

V.
lli>

GENER.AL PREDICATE QUESTIONS

FOR LAW enforcement OFFICERS

INTRODUCTION OF PHYSICAL EVIDENCE

I.Mark evidence as "State's Exhibit I lor identification.
II, Ouesiions:

1. 1show you State's Exhibit ni for identification and

would you look at it please?

2. Can you identify this.

Name?

2.

Occupation?

3. What law enforcement agency?

4. How long soemployed?

5. Previous law enforcement experience.'

. 3. How?

6.

4. When didyou so mark it?

5. Where did you first see this^

Present duties?

7. One of your duties to assist in lor supervisel homicide

investigations?

6. How did it come into your possession?

8. Familiar with so-called Miranda warnings on asuspect s

7. What didyou do with it?

8. When was the next lime yousaw it?

constitutional rights?

9. Had occasion to advise suspects of those rights during

9. Did you take itfrom the property room under some

the course of your work in law enforcement?

number?

1Q_ Isthe

1.

10. Number of limes?

in substantially the same

11. Employed in your present capacity in June. 1971?

condition now aswhen you first saw it?

11. TheState will offer State's Exhibit PI for
identification into evidence.

12. (If not, explain)

13. Have occasion to become involved in investigation of

death of victim of this case?

14. V^hatdate?
15. Time?

PREDICATE QUESTIONS FOR IDErmFICATION

16. How were you brought into case?

and introduction of EVIDENCE

Idcnt'iSication and Proof of ProperCustody and

VI.

Unchanged Condition of Tangible Object

1.

PREDICATE QUESTIONS TO EYE WITNESS

TO VEHICULAR HOMICIDE

Sheriff, 1 hand you a

bearing Serial Number

(a)

you recognize it? If so, slate when and where you first

Physical Facts

saw it.

1. Name, residence, where employed, location Iwith

2. What difference, ifany. is there in the condition or

respect to scene of collision).

appearance of the pistol now and at the lime you

of collision)?

3. Your honor. 1ask that the pistol, identified by the

3. Do you recall the morning

witness, be marked as Slate's Exhibit

^
when Xwas killed
4. When did you go to work that morning?
5. Where were you at the time of coU'ision?

for identification.

Number,

Identification, Authentication and introduction

of Real Evidence

6. Did you have an open view to the inierseciion?

Mr:
-yo"
testified that
you saw the defendant shoot at deceased and saw him
drop pistol and run off. Further, you testified you

7. Did anything unusual take plaCc at that time.

8. What first attracted your aiieniion?

9. Had you seen Xprior to the time of the colHswn?

10. Had you seen Dprior to the lime of the collision?
11. Did you look up immediately when you heard the

picked up the pistol.

2.

i ccCr

2. Are you familiar with

received it?

What did you do then?

3. I hand you a pistol which has been identified as

Slate's Exhibit No,

collision?

identification; ask you to examine itand state whether

you have ever seen it before and if so. when and where?
4. Your honor, the State offers the pistol in evidence as

State's Exhibit No_.

y/^

12. What did you see when you looked up?

13. What direction was Xtraveling?
14. What direction was D traveling?
15. What did D's vehicle cons'ist of?

16. Where was Xwith reference to the intersection whc

you first saw him? D's vehicle?