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Police drug test kits under scrutiny after false positive result

Residents of Texas may not be surprised to learn that drug testing kits used by law enforcement may be prone to error. Faulty drug tests are under scrutiny following an incident where a man was charged with possession of methamphetamines due to a testing error. The man, a resident of Florida, has filed a lawsuit against both the city where the incident took place and Safariland, the company that manufactured the testing kit.

According to news sources, the man was pulled over for a traffic violation in December 2015. During the stop, the officer on duty allegedly noticed a white, flaky substance on the floor of the man's vehicle and tested it using a Safariland kit. The kit reportedly indicated the presence of methamphetamine, and the man was taken into custody. He maintained that the flakes were simply remnants of a glazed doughnut rather than a controlled substance.

After 10 hours, the man was released on a $2,500 bond. The substance found in his vehicle was sent to a state crime lab for further testing, which determined that the substance was not methamphetamine or any illegal drug. Charges against the man were subsequently dropped, but the man believes that he never should have been charged in the first place. The plaintiff is asking for upwards of $15,000 in damages for wrongful incarceration.

Those who have been issued drug possession charges could be facing significant penalties if the prosecution is able to obtain a conviction. As a result, they might want to meet with an attorney as soon as possible to determine how best to present a defense.

Source: Huffington Post, "Man Jailed In Doughnut Glaze-Meth Mix-Up Sues City, Drug Test Company," Steven Hoffer, Oct. 25, 2016

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Houston, TX 77008

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