Department prosecuting components generally should not take custody of physical evidence in criminal matters and cases, as evidence should remain in the custody of the investigating agency unless otherwise required by law or when the evidence is obtained through the mutual legal assistance channel. However, when a prosecuting component is authorized to store physical evidence or sensitive high-risk physical evidence, such as in a specialized unit or lab, it must follow applicable Department policies and procedures for storing the evidence. See, e.g., JM 3-15.130 (United States Attorneys’ Offices).

[added December 2024]