Q: Is a field test required by an arresting officer during a traffic stop? i.e. meth
How can someone be arrested for a simple possession in Oklahoma if the substance was never tested at the scene? Is the substance automatically sent to a lab to be tested? How long can this test take? Can an individual request these results? Should there be a certain amount in order to be tested? Also, should there be enough of the suspected substance so the arrested party can aslo request the substance to be tested at an approved lab?
A: Many agencies have stopped field-testing substances they believe to be drugs based on their experience with narcotics and the appearance of the substance. A few years ago a couple of officers were rushed to the hospital after being exposed to a narcotic after opening the container it was in and attempting to test it. I believe that was one of a number of similar incidents that put a stop to field-testing. Marijuana is the only drug that can be positively identified by appearance (and smell). In Texas, a person cannot be indicted for possessing a controlled substance (meth, cocaine, crack, etc.) until the substance is tested by an accredited lab and determined to be a controlled substance. The length of time it takes to get lab results depends on the lab doing the testing. The DPS lab tends to take the longest. Harris County used to file "trace" cases or crack pipe cases because the charge was based on the residue in crack pipes, so residue is sufficient if the lab can test it and identify the substance. In those cases the charge would be possession of a controlled substance less than 1 gram, which is a state jail felony. Some agencies are not making arrests in possession cases until the substance is tested and identified as a controlled substance, at which point they will file the charge and a warrant will issue.
A: I noticed after answering your question that you are in Oklahoma. Every state is different and my answer is based on Texas law and Texas cases.
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