According to a new report from
ProPublica, police have been using faulty field test kits to detect illegal drugs
and make arrests for years despite knowing these tests were unreliable
and subject to a much higher error rate than lab tests. In fact, in 2014,
the Las Vegas crime lab submitted a report to the U.S Department of Justice
indicating how the field test kits produce false positives and legal substances
could cause the same color to appear.
With the overwhelming amounts of arrests made that year, it is likely innocent
people were convicted of crimes they did not commit. Unfortunately, there
is no way to find out how many of these arrests were based on false results
because Las Vegas police department destroys the samples one the defendant
enters a plea.
Today, Las Vegas police still use these faulty tests to make drug arrests
and get convictions. Despite knowing how unreliable they are, the police
department has not yet informed local judges of this knowledge. One local
judge, Joe Bonaventure chief judge to the Las Vegas Justice Court, was
recently informed of LVPD’s practice. He indicated he was concerned
about the false positives offered by the tests but made no motion to alter
his court’s regard for them.
Were You Arrested Based on False Positive?
At Oronoz Ericson & Gaffney, we believe everyone has a right to a fair
and just trial. If you believe you were arrested based on the false positive
of a faulty drug test, our
Las Vegas drug defense attorneys can do whatever it takes to ensure your trial is not affected by unreliable evidence.
Call our offices to
schedule a free consultation today.