In drug cases, every detail can make or break a case, and the reliability of field drug test results is often a pivotal point of contention. As individuals find themselves ensnared in drug-related charges, the question of whether these seemingly definitive tests can stand as admissible evidence in a court of law often comes up.
Our criminal defense attorneys at Stechschulte Nell Law understand the nuances of defense strategies and what evidence can be used in court and are here to dispel any myths you’ve heard about drug test results.
Understanding the Concept of Court Admissibility
When discussing court admissibility within the jurisdiction of Florida courts, it’s essential to consider several key elements.
Court admissibility relates to whether or not specific evidence, such as field drug test results, can be legally and rightfully used during a criminal trial.
When determining admittance, courts rely heavily on the Federal Rules of Evidence 401, 402, and 403, as well as Rule 702. These rules collectively determine that for evidence to be admissible, it must be relevant and its probative value, or its ability to prove something, shouldn’t be offset by potential hazards.
Within the context of Florida courts, these federal rules apply, with state courts often adopting similar standards when ruling on admissibility. However, as with any legal proceeding, the actual admittance of evidence can heavily depend on the:
- Specifics of the case
- Arguments presented by legal counsel
- Interpretive discretion of the presiding judge
Even if evidence like field drug test results is deemed permissible, it should be understood that the defendant will retain the chance to challenge the evidence during the trial proceedings.
How Courts View Field Drug Test Results
Many courts, recognizing their vulnerability to error, insist that forensic laboratories confirm the results of drug tests before jury trials.
Despite these known deficiencies, field tests are still as popular as ever among law enforcement agencies. They’re quick, economical, and fall into the category of ‘convenient’. They also carry considerable power in swaying individuals to plead guilty on mere suspicion of incriminating evidence.
Types of Test Results Accepted in Court
While bearing in mind that court systems across the United States may differ in terms of the types and manner of evidence they admit, in Florida, evidence from field drug tests can certainly play a part in cases related to drug violations.
Two common types of tests frequently used are NARK II tests and reagent tests.
The NARK II test, deemed admissible by the Federal Rules of Evidence, is frequently accepted into Florida court records; it is a mechanism noted for its ability to aid in the identification of illegal narcotics in the field.
Reagent tests are commonly used to indicate the presence of, and sometimes to identify, alleged illegal narcotics. Under Rule 702 of the Federal Rules of Evidence, these reagent tests are considered reliable.
When Are Drug Test Results Inadmissible?
In determining the admissibility of drug test results, several factors can raise doubt and render the results inadmissible in court.
These may include:
- The test has a high unreliability rate or is prone to producing false positives. This is a common issue with the $2 drug tests used by police.
- If a defense attorney successfully argues that the NARK II test isn’t conclusive proof of the presence of drugs, such as marijuana, the test results may be excluded during the trial. Essentially, if the test cannot definitively identify the presence of illegal substances, its results may not be admissible.
- The principles of Rule 403 can also play a part. This rule can be used to argue that the potentially misleading nature of a test result far outweighs its probative value.
It’s also crucial to consider the inherent flaws associated with field drug tests. These tests are not infallible, and their reliability can vary greatly depending on various factors including:
#1. User Error
One of the biggest issues with the reliability of a drug test result is the risk of user error. The officer or technician administering the test must follow the procedure precisely to ensure accurate results. Even a small oversight or failure to follow instructions could result in a false positive.
#2. Lack of Training
Proper training plays a significant role in administering a field drug test. Personnel without adequate training may not understand how to manage the test kit, and this inexperience can contribute to erroneous results.
Misinterpretation of a color change or misunderstanding of the instructions can drastically impact the outcome of the test.
#3. Cross-Reactivity with Legal Substances
An even more startling flaw arises from the test’s cross-reactivity, where certain legal substances produce the same “positive” readings as illegal narcotics.
Acne medications, breath mints, and vitamins have led to arrests after such a test incorrectly identified these substances as illicit drugs. This cross-reactivity leads to dubious reliability issues with these tests, particularly considering the far-reaching consequences for those wrongly implicated.
The Defense Perspective: Arguing Against Drug Test Admissibility
When it comes to advocating for our clients, we often challenge field drug test results, particularly those from tests like the NARK II.
- The test can give a positive result, suggesting the presence of a narcotic, but it doesn’t conclusively prove that the substance in question is indeed the said narcotic.
- We also often argue that this presumptive test lacks the precision and reliability required to meet the burden of proof for conviction.
Despite their unreliability, field drug tests can exert pressure on individuals to plead guilty. But with an experienced lawyer like us at Stechschulte Nell Law on your side, you can rest assured that we will ensure you get a fair trial, and strive to mitigate the drug charges you face.
Read More > Common Mistakes in Drug Cases
Ready To Fight for Your Rights
The admissibility of field drug test results in court is a complex and contentious issue. Due to the inherent limitations and inaccuracies of these tests, there may be grounds for challenging their validity as evidence in court.
If you have been charged with a drug crime based on the results of a field drug test, it is crucial to seek legal representation from skilled legal counsel who can mount a strong defense on your behalf. Our team is well-equipped to navigate the complexities of this situation and provide you with the strongest possible defense.
Contact Stechschulte Nell Law at 813-280-1244 to discuss your case and begin fighting for your rights in court.
