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?

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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
PREMIUM
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

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