Why it matters: Tens of thousands of innocent people are wrongfully arrested each year based on false positive results from field drug tests. The use of these tests is the largest known factor contributing to wrongful arrests and convictions in the United States.
What they are saying: The study conducted by the University of Pennsylvania found that approximately 30,000 people are falsely implicated by field drug tests each year. The tests, which are known for their reliability issues and false positive results, are being used as determinants of guilt in many criminal cases. Racial disparities also exist, with Black individuals being three times more likely than white individuals to be arrested based on false positive test results.
The big picture: The widespread use of unreliable field drug tests has negatively impacted the integrity of the legal system. Prosecutors often permit guilty pleas without verification from accredited toxicology labs. Drug labs also report not being asked to verify positive test results in plea agreement cases. Manufacturers of field test kits have not been transparent about the reliability of the tests.
What to watch: The report recommends several policy changes, including blind audits of cases that use field tests, citing and releasing individuals until lab tests can verify field test results, and implementing confirmatory testing when guilty pleas are accepted. The use of field drug tests should be reduced or more accurate tests should be used.
My take: The findings from this study highlight the urgent need for reform in how presumptive field drug tests are used in the criminal justice system. Innocent individuals should not be wrongfully arrested and convicted based on unreliable tests. Implementing the recommended policy changes can help prevent wrongful arrests and uphold the integrity of the legal system.
