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Drug tests returning false positive results

False positives results on tests for drugs have the potential to be a serious legal problem for any South Carolina resident. There are chemical tests that have been marketed to law enforcement agencies as accurate detectors of narcotics, but reports have demonstrated multiple instances of perfectly legal substances being accidentally identified as illicit drugs. Problems like this can be notoriously difficult to solve, and there are cases where people had to spend substantial time dealing with the criminal justice system before their innocence could be established.

Police procedure holds that any substance suspected to be an illegal drug or narcotic should be tested to determine its exact composition. According to reports, these inexpensive drug testing kits have mistaken items like vitamins, candy and tortilla flour as illicit substances. The Department of Law Enforcement Lab Systems in Florida found that 21 percent of substances initially identified as narcotics in the field later tested negative in the crime lab.

In one example, a routine search of a vehicle uncovered a bag of an unidentified white powder. The kits that were used to test the substance reported that the powder was cocaine multiple times. However, it was only ordinary baking soda. The people in possession of the baking soda were detained for two months and had their vehicle impounded for four months before more extensive testing led to their exoneration.

It can be beneficial to work with an attorney to construct a defense against criminal charges of narcotics possession. Evidence that has been presented against the defendant can be scrutinized and challenged, and a lawyer may be able to help with the proper procedures for evidentiary review before a court of law.

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