Legal Question in Criminal Law in Washington

controlled substance evidence

Can a drug conviction be had if only field testing is done? Can I request additional testing? Is additional testing required before charges are pressed?


Asked on 2/11/02, 12:35 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: controlled substance evidence

Typically, no. Field testing is ia quick "litmus test" that gives the investigating officer a simple yes or no. It is not a test of certainty.

You can request additional testing. In the normal course, the prosecutor sends the contraband to the WSP crime lab for additional testing. Unless you know precisely what the results will be, you should refrain from making your own request, at least until you know that the prosecutor has a test confirming a controlled substance.

Additional testing is not required to file charges. Field testing along with other facts (and circumstances) can be enough to establish probable cause to believe the offense may have been committed. Most VUCSA cases are filed long before crime lab results are obtained. And most crime lab results come back only days before the trial.

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Answered on 2/11/02, 1:34 am


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