The Startling Truth About Field Drug Tests and Wrongful Convictions

A groundbreaking new research report released on January 9th by the Quattrone Center for the Fair Administration of Justice provides the first-ever national analysis of the role of presumptive field drug tests in wrongful convictions. The report’s findings are deeply alarming, suggesting these inexpensive chemical tests used widely by law enforcement contribute to approximately 30,000 wrongful drug arrests per year involving people not actually in possession of controlled substances.

Widespread Use of Tests Prone to Errors

Titled “Guilty Until Proven Innocent: Field Drug Tests and Wrongful Convictions,” the Quattrone Center’s report estimates there are 1.55 million drug arrests annually in the U.S. Field drug tests, which utilize chemical reagents to detect the presence of drug compounds and return preliminary positive or negative results, are used in about half of these arrests. While seemingly straightforward and convenient for officers, these colorimetric field tests are notoriously prone to inaccuracy. The tests can be triggered by a wide range of legal compounds, not just illicit drugs. However, the true error rate remains unknown since comprehensive analysis of field test results compared to lab confirmations is rare.

Estimating the Role in Wrongful Convictions

Nonetheless, available data suggests that in some contexts, field drug tests have been observed to have false positive rates as high as 38%. By applying estimated drug identification error rates from lab data to national arrest statistics, the Quattrone Center report conservatively estimates that each year around 30,000 people are ensnared into wrongful arrests and prosecutions by inaccurate field drug tests despite not actually possessing illegal substances. To put this into context, The National Registry of Exonerations has confirmed just 3,388 total exonerations in the U.S. since 1989. In other words, flawed field drug tests contribute to over eight times as many wrongful convictions in a single year.

Disproportionate Impacts on Minorities

On a per capita basis, these erroneous arrests disproportionately impact communities of color. Analysis shows the annual rate of wrongful arrests involving field tests per capita is three times higher for Black Americans compared to their white counterparts.

Lack of Safeguards Enable Wrongful Pleas

So why do these unreliable tests play such an oversized role in convictions? The reasons are traced back to deficiencies in the criminal system itself. With plea bargains resolving over 95% of cases without trial, flawed preliminary field tests often serve as the sole form of “evidence” considered. The Quattrone Center surveyed prosecutors regarding field test policies, finding that guilty pleas are permitted without lab confirmation testing in 89% of jurisdictions. Furthermore, over 80% of prosecutors acknowledged it is extremely unlikely that seized drug evidence will ever be analyzed by a lab once a plea deal has been reached. In other words, there is minimal scrutiny applied to most field drug test results, allowing their inaccuracies to fuel wrongful convictions on a massive scale.

The Devastating Human Impacts

The human impacts from wrongful convictions associated with high false positive rates in field testing are ruining lives across the country. Cody Gregg of Oklahoma and Skye Collins of Texas both spent weeks in jail after legal substances returned false positives. Their cases are just two among the estimated 30,000 wrongful arrests annually. Both pleaded guilty before confirmatory lab tests were returned, eventually proving their innocence.

The Need for Reform

Reform advocates argue banning field drug tests for minor possession charges and requiring secondary confirmation testing to support guilty pleas would greatly reduce errors. Oregon and Virginia have implemented more accuracy-focused field testing policies in recent years. However, most jurisdictions continue utilizing these tests without meaningful safeguards in place. At a time when the impacts of over-criminalization and mass incarceration on poor and minority communities are under scrutiny across the nation, these findings add troubling context. They also serve as a call to action – there are clear steps jurisdictions that value public safety, truth, and justice can take to address this issue, starting with how we define guilt when liberty itself hangs in the balance.

The Role of Defense Attorneys in Addressing Test Inaccuracies

For defense attorneys, this report underscores the need for vigilance and thorough investigation in cases involving drug charges. It is essential to question the reliability of the field tests used and to consider the possibility of false positives in building a defense strategy. The report provides critical information that can be used to challenge the evidence in drug cases, emphasizing the need for confirmatory testing and questioning the admissibility of these tests in court. The findings of this report are a call to action for all stakeholders in the criminal justice system, especially for defense attorneys in Miami and across the United States. It highlights the need for more judicious use of presumptive drug tests and a systemic review to prevent wrongful convictions.

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