- 13-Jan-2025
- Criminal Law
When police officers find substances during a search, they must accurately determine whether these substances are illegal drugs or controlled substances. This process involves a combination of field testing and laboratory analysis. These tests help ensure that substances are correctly identified for evidentiary purposes, and that proper charges can be brought if the substances are illegal.
Field tests are often the first step in determining whether a substance is illegal. These tests are quick, portable, and can be conducted on-site by law enforcement officers.
The most common field test involves using presumptive test kits, which contain chemical reagents that react with certain drugs to produce a color change, confirming the presence of a particular substance.
Pros: Field tests are fast, portable, and allow officers to make immediate decisions regarding the nature of a substance.
Cons: Field tests are presumptive and do not provide absolute certainty. False positives or negatives can occur, especially when the substance is mixed or adulterated with other chemicals.
After finding a suspicious substance, officers must secure the evidence to avoid contamination. They will typically store it in evidence bags and document its location and appearance in the search report.
Chain of custody is crucial to ensure the integrity of the substance and that it remains legally admissible in court.
Officers may photograph the substance before and after testing to provide visual evidence of the discovery and the testing process.
If the field test yields a positive result or the substance is too complex for an initial field test, the substance will be sent to a forensic laboratory for further analysis. Here, trained forensic scientists use more accurate and conclusive methods to identify the substance.
Common techniques used in laboratories include:
Laboratory testing is much more accurate than field testing and can confirm the specific drug, its concentration, and its composition.
Controlled Substances: Once identified, substances may be classified as controlled substances based on their chemical structure, potency, and potential for abuse. This classification determines the penalties if the substances are illegal.
For example, heroin, methamphetamine, cocaine, and marijuana are controlled substances under various schedules in the Controlled Substances Act (or similar local legislation).
If the substances are determined to be illegal, they may be used as evidence in criminal charges related to possession, distribution, or trafficking.
Testing is not always straightforward. Some substances may be cut with other chemicals, which can interfere with the test results. In such cases, laboratory tests are crucial for accurate identification.
Additionally, some drugs can degrade or change over time, especially if they are exposed to air or moisture, which can affect the results of both field and laboratory tests.
Law enforcement must also be cautious about testing substances that may pose health risks. Some drugs, such as fentanyl, are highly potent, and testing must be done with caution to avoid accidental exposure.
In cases of drug trafficking or manufacturing, law enforcement may analyze the drugs for additional information about their origin, purity, or adulterants. This can involve identifying cutting agents, such as lactose or caffeine, that are mixed with drugs to increase profits or alter effects.
Quantities of the drug may also be measured to determine the scale of trafficking and the potential penalties for distribution or sales.
The laboratory report detailing the substance’s composition is often a key piece of evidence in criminal trials. In the courtroom, expert witnesses may be called to explain the results of the testing and to confirm that the correct procedures were followed.
The admissibility of evidence is critical in criminal cases. The chain of custody and accurate record-keeping of the testing process are essential for ensuring that the evidence can be presented in court without challenge.
Case of Drug Testing After a Search: A police officer stops a vehicle and finds a white powdery substance in the glove compartment. The officer conducts a presumptive test using a Marquis reagent kit, which turns purple, indicating the presence of heroin. To confirm, the substance is sent to the lab for GC-MS analysis, which confirms that the substance is indeed heroin. The passenger is then charged with possession of heroin based on the field test result and laboratory confirmation.
The process of testing substances found during searches involves a combination of field tests and laboratory analysis to ensure accurate identification of drugs. Field tests provide quick results and are useful for determining whether further testing is necessary, while laboratory analysis provides a definitive identification of controlled substances. These tests are essential for criminal investigations and help ensure that evidence is properly handled and that charges are based on solid, scientifically backed information.
Answer By Law4u Team
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