Onsite Police Drug Tests

[elmo_1968]

For some time the police have had kits that test for illegal substances they can use in the field. They see white powder in your car, they test it and decide whether to arrest you or not. Unfortunately, they don't always work, and then your life can get bad.

Many people, including defense lawyers, don't know this, or that there is a definitive test that can only be done in a laboratory. Consequently, some will assume their client is guilty and tell them to plead instead of holding out for the real test.

And some people who knew this and didn't plead stayed locked up for over a month awaiting results. This and more in this Sunday's NY Times.
http://www.nytimes.com/2016/07/10/m...-test-sends-innocent-people-to-jail.html?_r=0

 

[JudoThrowFiasco]

90% of bill notes have trace amount of cocain on them -- so the possibility of contamination transfer is certainly a factor. These kit tests are extremely nebulous but it does give police probable cause to bring you in and conduct further testing. Which should be a expedited process as its really not that hard to find out percentage of cocain within a substance

Even a half way public defender should be able to demonstrate reasonable doubt in cases where the line is cloudy (pun kind of intended)

 

[rocketskates]

All illegal drugs are sent to a crime lab for further testing beyond the field test. The field test along with the officer's training and experience will give them probable cause to make the arrest. If the lab results come back that it's not a controlled substance then the arrestee will likely walk.

It should also be noted that in my ten years on the job I've never seen a field test come back positive that also didn't come back positive in the lab. They are very reliable. Just my 0.02.

 

[pinger]

The Marquis and Mandelin tests are pretty accurate

 

[Dolomite]

It should also be noted that in my ten years on the job I've never seen a field test come back positive that also didn't come back positive in the lab. They are very reliable. Just my 0.02.

0 false positives in ten years should make any reasonable person suspicious. Has your department ever sent in a known false positive sample to see what happens?

I'll just go ahead and assume the answer is no.

There have been lab techs in NJ, MA & TX that have been caught clicking on the "It's a real drug!" button (or whatever it's called) with perfect reliability -whether or not the sample is black tar or an old piece of gum. 10's of thousands of drug convictions are at risk of being overturned.

 

[rocketskates]

0 false positives in ten years should make any reasonable person suspicious. Has your department ever sent in a known false positive sample to see what happens?

I'll just go ahead and assume the answer is no.

There have been lab techs in NJ, MA & TX that have been caught clicking on the "It's a real drug!" button (or whatever it's called) with perfect reliability -whether or not the sample is black tar or an old piece of gum. 10's of thousands of drug convictions are at risk of being overturned.

If that's the case then it seems that there needs to be more accountability in the labs, not the on site drug test which is what the discussion is here.

I see where you're coming from and I respect your opinion, I'm just speaking from personal experience. Also, as far as I know we don't do that, (crime lab auditing) that's conducted by the FBI. We have a hard enough time getting back a real drug lab in a timely fashion.

 

[elmo_1968]

All illegal drugs are sent to a crime lab for further testing beyond the field test. The field test along with the officer's training and experience will give them probable cause to make the arrest. If the lab results come back that it's not a controlled substance then the arrestee will likely walk.

It should also be noted that in my ten years on the job I've never seen a field test come back positive that also didn't come back positive in the lab. They are very reliable. Just my 0.02.

They are more reliable if the police use them carefully and you probably have good results b/cyou do. Thank you. But the article quotes some jurisdictions that have false positive rates in the double digits.

Does your jurisdiction do a lab test for all field tests? Some do, but some don't. In Harris County, TX they do, although it takes a while, especially if the defendant pleads, and that is where they found most of their false positives.

How long does it take to lab test a sample if the defendant doesn't plead? I mentioned in the OP(which I learned from the article) that some people wait over a month in jail for a lab test.

 

[rocketskates]

They are more reliable if the police use them carefully and you probably have good results b/cyou do. Thank you. But the article quotes some jurisdictions that have false positive rates in the double digits.

Does your jurisdiction do a lab test for all field tests? Some do, but some don't. In Harris County, TX they do, although it takes a while, especially if the defendant pleads, and that is where they found most of their false positives.

How long does it take to lab test a sample if the defendant doesn't plead? I mentioned in the OP(which I learned from the article) that some people wait over a month in jail for a lab test.

It can be timely. Usually cases don't get resolved around here until the lab comes back. But also, usually the defendant is out on bond at this time as well. I have to appreciate the anonymous nature of message boards so while I wont reveal where I work, it's a very urban area so mostly only serious felony cases are sitting while their case gets resolved.

And yes, everything field tested is also sent to the lab as well. With the exception of cannabis because it is decriminalized around here, so at worst you will get an ordinance citation for it, which if you choose to contest a lab test can be administered.