The Dangers of False Positives in Florida Cocaine Trafficking Cases
Imagine you are going about your day when you get pulled over by the police. Moments later, you are arrested, and within no time, you are facing decades in prison. Now imagine this happens not because you broke the law, but because of a faulty roadside drug test that indicated the presence of 161 grams of cocaine. For one Florida man, whom we will refer to as V.B. for purposes of this article, this nightmare was a reality. His case is a strong reminder of the serious consequences that can come from solely relying on field test results in drug-related cases.
A Life-Changing Police Stop
In this 2019 case, V.B. was pulled over by the police in Lee County, Florida. Inside his lunchbox were two powdery substances: caffeine and creatine. Both of these are legal in Florida. V.B. was confident he had done nothing wrong, so when the police asked to search his vehicle, he consented. The authorities found the lunchbox and tested the powders using a roadside field test. The results both came back positive for cocaine. Worse still, the officers combined the weight of the two canisters, which exceeded 160 grams. V.B. was arrested on the spot and held on a $32,000 bond. He was later charged with trafficking in cocaine under Florida Statute Sections 893.135 despite him pleading with law enforcement not to file charges based solely on field tests. V.B. faced up to 30 years in prison.
Field Tests Can Be Inaccurate
This case highlights a significant problem with drug enforcement practices in Florida and nationwide: the unreliability of field drug tests. Field drug test kits were initially designed as a preliminary-only testing method. These tests can be unreliable as they are known to produce false positives. Even the Department of Justice (DOJ) has warned prosecutors and law enforcement against relying solely on these tests as evidence of the presence of drugs. However, despite this, many jurisdictions across Florida and nationwide continue to use field tests as the basis for arrests, charging decisions, and even pretrial detentions, including in cocaine-related cases. When a roadside drug test gives a false positive, meaning it identifies a perfectly legal substance as a controlled one, the repercussions can be severe, as seen in V.B.’s case.
Cocaine Trafficking Charges Dropped After Serious Harm Had Been Done
V.B.’s cocaine trafficking charges were dropped three months later after the state’s Department of Law Enforcement determined no controlled substance was found. While V.B. was relieved, by then he had already suffered the emotional and financial toll of being accused of a serious felony, including paying for legal representation and dealing with the fear of imprisonment.
What Does This Mean for Others?
This case is not an isolated one. Many people in Florida and across the U.S. have been wrongfully charged with cocaine trafficking because of faulty field test results. For anyone facing such charges, challenging the reliability of these tests can be a strong defense strategy. A skilled drug defense attorney can;
- Demand lab confirmation of any seized substance
- Investigate the procedures used during roadside testing
- Review the chain of custody for the alleged controlled substance
- File a motion to suppress unreliable or improperly obtained evidence
Contact Us for Legal Help
If you are facing cocaine trafficking charges in Florida, contact our skilled Orlando cocaine trafficking lawyer at Joshi Law Firm, P.A., at 844-GO-JOSHI or 407-661-1109 for legal help.
Source:
wsvn.com/news/local/man-falsely-jailed-for-trafficking-cocaine-after-false-positive-field-test-considering-suit/
