In order for scientific evidence to be used against you at trial, it must be reliable. That rule is in place to prevent “junk science” from being used to send you to prison.
Many field drug tests – drug tests that police administer “in the field,” meaning when they are on patrol or on a call away from headquarters – do not meet this strict reliability standard. When it comes to detecting synthetic opioids such as fentanyl, carfentanil, and similar analogs, they are less than reliable for a number of reasons.
- They can be subjective. If the kit relies on the drugs to cause a certain color change, the decision whether that color change represents a positive result can be very subjective. Tinted street lights at night or an officer who has problems seeing certain colors can greatly affect the immediate results.
- Other drugs can affect the results. Depending on the makeup of the substance being tested, the field test kit may deliver a positive result for fentanyl when actually the result was triggered by something else.
- Some drugs mimic others when tested. Field tests can sometimes indicate a positive result based on a mix of perfectly legal drugs or substances.
- Storage issues can degrade the tests. Tests that are exposed to extreme Indiana temperatures in the trunk of a police vehicle can affect the components and the accuracy of the results.
- Field tests expire. Test kits have expiration dates. Police frequently neglect to discard expired kits.
- Police officers make mistakes. Officers who don’t precisely follow the instructions can affect the quality of the results.
The Tendency to Induce Self-Incrimination
At Razumich & Associates, we have seen this scenario happen over and over again: police find a suspicious substance as part of a traffic stop or when they have a reason to stop someone on the street. They administer a field test to determine what the substance is. The test comes back positive. They begin asking the person questions about it.
Here’s where it gets difficult. Many defendants are nervous about being stopped, nervous about the drug test, and nervous about being asked questions by police. They want to appear cooperative, so they answer the cops’ questions. And when they answer, they incriminate themselves.
Razumich & Associates Can Defend You Against Drug Charges
There can be a number of defenses to drug charges, including those where a field test was performed. When a testing error or false positive lands you in jail and results in unnecessary criminal charges, you need a strong defense. Too many times, defendants will simply accept the results of the field test – and plead guilty to a crime that the prosecutor never could have proved in court.
If you are facing criminal charges because of the results of a field-administered drug test, contact Razumich & Associates today for help. We have defended clients accused of all types of drug crimes in courts throughout the Indianapolis area as well as across Indiana. We know the laws, the prosecutors, and the courts and are here to fight for your rights and defend you against prosecutors who overreach.
Schedule a free case evaluation today with Razumich & Associates by calling us at 317-983-5333 or by reaching out to us online.
