Lab reports carry significant weight in drug possession cases, rarely being questioned in court. Cross-contamination, technician errors, and broken chains of custody undermine the validity of test results, with judges and juries rarely questioning them. At Eppes & Plumblee, P.A., our Greenville drug charge attorneys are not afraid to challenge laboratory test results. Questioning a test’s validity can make the difference between being placed behind bars and freedom.
Improper Storage
Drug samples must be kept in a leakproof container under regulated conditions. This applies to urine, blood, saliva, hair, or any other sample type. Common storage mistakes include improper sealing, storing at the incorrect temperature, or using the wrong container. Improper storage can significantly affect the accuracy of a drug test.
Cross-Contamination
Cross-contamination occurs when the residue of one sample is mixed with another. This could be caused by the technician touching multiple substances without switching gloves. Failing to clean equipment, tools, or surfaces that have come into contact with a sample can also cause cross-contamination.
Mislabeling or Collection Issues
A specimen collector’s responsibilities include not only collecting each sample but also ensuring proper handling, storage, and transfer. The specimen collector is responsible for verifying the individual’s identity, explaining the collection process, and outlining the person’s rights. Upon collection, a Custody and Control Form (CCF) must be filled out and remain with the sample at all times. Each sample should be clearly labeled and stored in a container with a tamper-evident seal. Failure to use the proper ID label, attach a CCF, or obtain signatures is considered a collection issue.
Proper collection of test samples is essential for accurate results. The South Carolina Law Enforcement Division (SLED) ensures uniform field testing by requiring law enforcement agencies to use the Best Evidence Sample Testing (BEST) protocol. SLED provides pre-packaged testing kits to law enforcement free of charge, but will only permit testing of samples submitted through the system. This protocol aims to reduce errors during collection, ensuring that only accurate samples are tested.
Broken Chain of Custody
Labs must keep a record of a sample’s custody from collection to when it is presented at trial. This chain of custody must detail the sample ID, specimen details, and transfer history. A broken chain of custody can occur if samples are left unattended, mislabeled, or if ownership is not documented. A crime lab that falsifies the chain of custody can face criminal charges.
Lack of Staffing
The COVID-19 pandemic led to understaffing in forensic crime labs, resulting in worker burnout. For technicians who remain on the job, their workload is often unreasonable, leading to mistakes due to exhaustion and oversight. Mistakes are more likely to happen when dealing with minute specimens, such as trace/fiber evidence.
Challenging Laboratory Test Results
If your laboratory tests came back positive in error, determining where the error occurred is crucial to challenging the results. Our legal team will review the laboratory records to assess whether there are any gaps in the chain of custody or whether a specimen collector failed to record the collection temperature. Our Greenville drug charge lawyers know that your freedom is not the only thing at stake, but also your future. We believe that revealing the truth is the only way to carry out justice.
Contact Our Greenville Drug Charge Lawyers Today
Drug charges place your personal and professional reputation on the line. If you are facing possession charges after a false positive or inconclusive screening, Eppes & Plumblee, P.A., is ready to fight for your rights. Take the first step toward protecting your future, contact our Greenville drug charge attorneys for a free consultation by reaching out online or calling (864) 581-3450.