Field Drug Test Turns Diesel To Meth, Takes Away Six Weeks Of The Truck Driver’s Freedom

from the at-least-it's-an-inexpensive-violation-of-rights dept

Field drug tests are awful. They’re insanely unreliable. Sure, sometimes the tests are correct: the suspected drugs are actual drugs. Broken clocks and all that. But they’re so often wrong they should be considered as scientifically sound as hiring a full-time psychic and promoting them to detective.

Here’s a short list of things drug field tests have determined to be drugs:

Despite this, cops continue to use field drug tests. They’re cheap, which means they aren’t going to attract the attention of those holding the purse strings. And their unreliability is likely considered to be a feature, rather than a bug, since even false positives give officers permission to engage in warrantless searches and rack up (possibly temporary) wins in the War on Drugs.

Another blown call by a field drug test has robbed someone of their freedom and made the law enforcement officers who declared themselves drug war heroes look like fools. (h/t CJ Ciaramella/Reason)

Here’s how the Pharr (TX) police department first reported its (temporary) bust:

Texas police uncovered 700 gallons of liquid meth hidden in a tanker trailer, officials announced in a news release.

An officer patrolling an area in Pharr noticed three men pouring something from multiple 55-gallon barrels into smaller 5-gallon buckets around the tanker trailer.

“The officer’s attention to detail called for further investigation,” police said. “He called for backup, and when Pharr Fire Department responded to the scene and noticed crystallization forming around the barrels.”

The liquid was tested and determined to be methamphetamine, police said.

The link in the Star-Telegram article links to a since-deleted post by the Pharr Police Department — one in which the Police Chief Andy Harvey claimed the massive “bust” would have an “impact way beyond our region.”

It turned out to have no impact at all. The criminal complaint [PDF] says both the Pharr PD and the DEA agents called to the scene tested the substance — one the truck driver referred to as “soap” — and “presumptively determined” the liquid in the barrels and buckets (and, apparently, the tanker) was methamphetamine. There was much rejoicing.

The rejoicing was short-lived. Lab testing of the liquid seized by law enforcement showed it wasn’t meth.

A trucker accused of hauling 700 gallons of liquid meth is free from custody after laboratory testing proved his cargo actually didn’t contain narcotics.

Juan Carlos Toscano Guzman, a Mexican national, was arrested on Feb. 15, and spent nearly six weeks behind bars on false accusations of transporting an estimated $10 million worth of methamphetamine.

[…]

But Guzman didn’t have any meth. The retired oil field worker was transporting a mixture of diesel and oil, his lawyer, Oscar Vega, told McClatchy News in a phone interview.

The government dismissed the indictment less than six weeks after it had obtained it. Guzman spent that entire time in jail. It didn’t cost the cops much to be wrong — field drugs tests can be had for around $2/each. But it cost Guzman six weeks of his life because faulty field tests are considered probable cause for arrest and criminal charges. When the tests fail, it only hurts the falsely accused. And that, apparently, doesn’t matter to law enforcement agencies, which have continued to use these tests despite being fully knowledgeable of how flawed they are.

Guzman, according to his lawyer, doesn’t appear interested in suing over this arrest and six-week stay in jail. (And, given that presumptive drug tests are considered probable cause, it would be a tough case to make.) That means the Pharr PD and its DEA buddies will walk away from this with nothing more than slightly bruised reputations. And that’s not enough to deter the use of tools that generate false positives at an alarming rate.

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Comments on “Field Drug Test Turns Diesel To Meth, Takes Away Six Weeks Of The Truck Driver’s Freedom”

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49 Comments
PaulT (profile) says:

“The officer’s attention to detail called for further investigation”

“Juan Carlos Toscano Guzman, a Mexican national”

Why do I suspect that the “detail” he decided to pay attention to has nothing to do with the barrels, and that someone felt emasculated when correct paperwork was provided against his assumptions?

Maybe that’s a wrong assumption, but the sillier and more faulty the claim, the more likely that there’s some other reason why a cop is convinced someone is doing something wrong that they can’t explicitly state. Like the bird poop on the outside of the car even being tested – that story seemed insane until you looked at the suspect and you saw a successful young black athlete. Then it made perfect sense.

ECA (profile) says:

Re: YOu know its true.

That every color in the Dictionary (besides White) is Guilty.
You would Never think a White Male would run around in a tanker truck Full or drugs.(I dont think they are smart enough)

White collar crime is worth So much more. tri met in PTLD, lost the retirement funds 2 times in 10 years. Enron, nothing more to say. Oil corps and the Leaky tankers around the world.

David says:

Re:

Barrels corrode. Diesel/gas mixtures are essentially useless for modern diesel engines (50 year old tractors wouldn’t mind much), so it was likely accidental waste to be dispatched somewhere where there was still use for it. It would likely get filled into some leftover container with colorful rust patches or other residues that don’t dissolve in gas/diesel.

Of course I am assuming stupidity instead of actual malice here which may be too much of an assumption.

Bobvious says:

Re: Cop - who is NOT a chemist, makes a real meth of things

“The officer’s attention to detail called for further investigation,” police said. “He called for backup, and when Pharr Fire Department responded to the scene and noticed crystallization forming around the barrels.”

The liquid was tested and determined to be methamphetamine, police said.

When did this happen? February 15th. The HOTTEST day of the year /s

https://en.wikipedia.org/wiki/Gel_point_(petroleum)

and some advice about avoiding gelling https://fuelandfriction.com/trucking-pro/how-prevent-diesel-fuel-gelling/

This comment has been deemed insightful by the community.
PaulT (profile) says:

Re:

It also goes past the taxpayer. I assume someone was employing him for the job, so that employer loses his work for those weeks, plus the goods would have been impounded, which potential customers have not been able to buy and use for their needs. I’m not sure of the shelf life of this stuff, but it’s possible that it’s of no use now even if the barrels were released when he was.

He will also have lost his income for those weeks, which means that bills go unpaid, which impacts everyone from his landlord to his family if he has one, and you go as small in detail on that as you need to (that’s 6 weeks of groceries that have no longer been sold, which means less money for everyone down the chain). The exact level of impact will vary greatly depending on his actual situation, but if someone loses 6 weeks of income unexpectedly there’s going to be a knock-on effect.

The implication in the article is that since no lawsuit is going to be filed then there’s no direct harm at a significant level to anyone by the detainee, but there’s always going to be some form of issue. Even if the guy was sleeping in his truck and working for himself making up goods to sell door to door, there’s still an impact somewhere.

David says:

Wrong.

That means the Pharr PD and its DEA buddies will walk away from this with nothing more than slightly bruised reputations.

You are assuming that their mistake will be trumpeted as loud as their initial “findings”. That is a ridiculous assumption since there is no party with the interest and connections to do so.

The truth is that their reputations will see a net improvement by that episode, particularly where it counts for their career among their community.

And that’s not enough to deter the use of tools that generate false positives at an alarming rate.

You are most certainly right about that one.

nasch (profile) says:

Re: Re: Re:9

If that information was stored by my browser, then it would be automatically available for every site I leave comments on and every page of this site. It isn’t, instead being available only after the first time I enter it. Therefore, cookie.

Not necessarily. There’s no reason the browser can’t store information about the URL and/or HTML elements along with the autofill data. This could allow it to be selective about where to suggest those entries. There’s no other way for a web site to store information on your computer other than cookies, but the browser has no such limitation.

Anonymous Coward says:

It was my understanding that field tests were supposed to have a low FN rate — meaning, if they show positive, the officer has “reasonable cause” to do further investigation. If they show negative, the officer has NO cause to do further investigation based on the individual in question.

Of course, we know that that’s not how all LEOs use the tests, and that many will consider a positive test result an indication of guilt and a reason for use of force AND for civil asset forfeiture.

But this is where accountability and training are needed. Courts should be able to come down hard on any PD that is abusing the tests, whether through ignorance or avarice.

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