286) What if my positive “Field Test” is False? #HaberPA Michael A Haber Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2018-10-13

What if my positive “Field Test” is False?

A field test for drugs is a chemical test that’s performed by a cop, in the moment, during an alleged investigation at the scene of a potential arrest, by using a prepackaged drug testing kit in an attempt to determine if something that’s found on your person or in your possession is in fact a controlled substance. 

Like a pregnancy test - although not nearly as reliable - field test kits use a simple color indicator.  They’re cheap, many times deceptive, inaccurate and uncertain.  They’re also both fallible and presumptive.  

“False positives” are widespread in field tests.   Many a research study has proven that things including but not limited to sage, chocolate chip cookies, motor oil, spearmint, tortilla dough, deodorant, billiards chalk, flour, eucalyptus, breath mints, Jolly Ranchers, Krispy Kreme donut glaze, exposure to air and loose-leaf tea have all resulted in false positive field tests.  Further, weather and lighting conditions when administering field tests, and user error by poorly trained cops, can also result in false positive test results.  

I can’t give you precise stats but many studies have been performed, some showing error rates ranging from 1 in 5 to 1 in 3 false positives. In 2009, the Marijuana Policy Project used the KN Reagent field test on 42 different substances that were not marijuana, and they reportedly got false positives on 70 percent of the field tests.

The bottom line is that if you get arrested for a dope case, field test or not, you’re gonna need a skilled and experienced criminal defense lawyer to take the State to task, and to challenge the evidence every step of the way.

Thank you for your question.  I appreciate your having asked it.  Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
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Blog:  http://habercriminallaw.blogspot.com/

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