Anderson, SC asked in Criminal Law for South Carolina

Q: During a traffic stop if any drugs are found do they have to let me see and test in my presents

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1 Lawyer Answer
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: Hello,

No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.

The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with the drug, and turn colors based on what substance is in the bag. Because of the shades of coloring, these tests are subjective, and there are false positives. Positive identification at a lab is still required.

In South Carolina these tests are inadmissible in court, and expensive. As such, more and more agencies are moving away from them. In SC drugs are generally packaged, sealed, and sent to the State Lab at SLED, which then issues a report of their findings. Those reports are part of a criminal discovery (evidence) packet. You should work with an attorney to secure discovery in your case to get and review those drug results.

Ryan D Templeton agrees with this answer

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