Police Allegedly Misuse Drug Testing Kits

Case Overview

Questions to the Law Enforcement expert and their responses

Do you have experience on the proper steps/procedures that should be taken when testing substances thought to be illegal drugs?

I have 30+ years of law enforcement experience and am well versed in the steps and protocols that should be taken when administering a drug test.

Is it typical to conduct more than 1 test?

It is not typical to conduct multiple tests so I have questions regarding why they took more than one.

Is it customary not to show the results to the accused?

Obviously the first test that was negative was an accurate test. The alleged second test was a false positive. I am basing that on the negative Gas Chromatograph/Mass Spectrometer test done by the state lab. The field presumptive tests are just that, presumptive. They are not legally admissible except to establish probable cause. You cannot convict based on one of those tests. They are simply not accurate enough because often times they have expired, been kept in hot car etc, and that leads to bad tests.

Have you worked on plaintiff cases before? Can you review this case?

About the expert

This highly-qualified expert earned his M.S. in Criminal Justice at Georgia State University and was formerly Chief of Police with a Municipal Police Department. He holds numerous certifications including Law Enforcement Executive, Firearms Instructor, and Ethics Instructor with the National Institute of Ethics. He is currently a member of the Georgia Tactical Officers Association and the Georgia Association of Law Enforcement Firearms Instructors. He has received numerous awards and honors including 'who's who in law enforcement' and 'officer of the year'. Career highlights include assisting FBI in Atlanta with tactical analysis of a Miami shootout between agents of the FBI and two bank robbers, and contributing to the Peace Officer Reference Text used in Basic Law Enforcement Training throughout the state of Georgia. He currently holds an Adjunct Faculty position with a University, and is an Instructor with two major Academies, a Firearms Instructor at a county Police Department, and a Department Training Officer at a County School District Police Department.