Ocala, FL asked in Criminal Law and Civil Rights for Florida

Q: Is it right for cops do a field test on a traffic stop if he isn't at least in front of you?

Got pulled was searched me and my ole man hunt old bottles well we found one old and it was an old medicine bottle. They found it went to there truck out of sight from us and field tested it. Said it was positive for meth. We really don't know if it was or not we weren't able to observe. Should they have at least done that in front of us?

Related Topics:
3 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: First thing, hire a competent criminal defense lawyer. You have some legitimate issues to examine...more directly to your question: the testing of the bottle does not have to be done in your presence.

1 user found this answer helpful

Shiobhan Olivero
Shiobhan Olivero
Answered
  • Criminal Law Lawyer
  • Brandon, FL
  • Licensed in Florida

A: No, unfortunately, there is no obligation for law enforcement to perform the test in front of you. You should consult with and hire an experienced criminal defense attorney to review your case and any issues that there may be with the evidence.

Tom Murphy
Tom Murphy
Answered
  • Criminal Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: They do not have to perform the test in your presence. However, you may have a search and seizure issue. I agree with the other lawyers who have answered your question - you need to consult with an experienced defense attorney

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.