United States Attorneys’ Offices (USAOs) should not take custody of physical evidence in criminal matters and cases unless required by law or the evidence is obtained by the mutual legal assistance channel. Evidence should remain in the custody of the investigating agency. When evidence is required in court, the investigating agency handling the case should retain custody of the evidence until it is introduced in court, at which point it becomes the responsibility of the United States Marshals Service (USMS), the clerk, and the court.

USAOs should coordinate with the USMS and the investigating agency regarding the storage of all physical evidence introduced in court, pending its formal disposition by court order. If the evidence is or contains drugs or drug paraphernalia, such evidence will remain in the custody of a federal agent assigned to the case, who will ensure the evidence is secured.

Documentary Evidence

Generally, the only occasions when physical evidence might be stored in the USAO are when documentary evidence, obtained by a grand jury subpoena, is delivered into the custody of the United States Attorney or when the United States Attorney’s Office receives evidence obtained through the mutual legal assistance channel. As long as such documentary evidence is needed, it should be kept under appropriate security arrangements. As soon as there is no further need for the evidence, the evidence should be disposed of in accordance with DOJ evidence destruction and retention policies or in the case of evidence obtained through the mutual legal assistance channel, the Criminal Division’s Office of International Affairs should be consulted before the destruction of any evidence.

If additional space is needed to store such evidence, the usual procedures for procurement of space should be followed.

Physical Evidence

USAOs may be authorized to store physical evidence under exceptional circumstances and for such short periods of time as necessary to present the evidence to the court or grand jury.

USAOs seeking to store physical evidence in their office space shall follow Department policies and procedures including those that provide that when storing physical evidence, the USAO is providing secure storage for, but is not assuming custody of, the physical evidence, which remains at all times in the custody of the investigating agency (except in the case of evidence obtained through the mutual legal assistance channel that was not delivered to an investigating agency).

Physical evidence does not include copies of digital evidence where the original evidence remains in the custody of the investigating agency. However, prosecutors seeking to store copies of digital evidence should ensure that they do so in full compliance with applicable Department policies and procedures, and with awareness of the contents of the digital evidence and their sensitivity, if any.

Sensitive High-Risk Physical Evidence

USAO storage of sensitive high-risk physical evidence, such as weapons, drugs, cash, any offline cryptocurrency key or access device (i.e., “cold wallet”) in investigations involving cryptocurrency, jewelry, watches, precious stones, precious metals, negotiable instruments (certificates of deposit (CDs), stocks, bonds, stored value cards, traveler’s checks, cashier’s checks, personal checks), or any other dangerous or valuable items, is strongly discouraged. However, under exceptional circumstances, the Director of the Executive Office for United States Attorneys may approve the storage of sensitive high-risk physical evidence in accordance with applicable Department policies and procedures.

USAOs may not store explosives, high quantities of ammunition, incendiary devices, or hazardous chemicals under any circumstances.

[updated December 2024]