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Defenders fighting roadside-arrest probable cause built on a $2 reagent test.

Daubert / Probable-Cause Challenge — Presumptive Drug Field Tests

FRE 702 + Fourth Amendment motion to suppress field-drug-test results. NIST + lab-director critique grounded.

The motion targets the field test as the probable-cause basis. The brief documents the documented false-positive corpus and lab-director acknowledgments that support a reliability challenge under the Fourth Amendment and FRE 702.

“no confidence at all in those test kits.”

Dr. Frederic Whitehurst, Ph.D. chemist, former FBI Lab supervisor — quoted in Forensic Resources / NACDL Defender(opens in new tab)
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What this template gives you that the discipline-specific treatise does not.
  1. 01.

    ProPublica and the New York Times documented thousands of false-positive arrests from $2 cobalt thiocyanate kits.

  2. 02.

    Documented false positives include common household cleaners, over-the-counter medications, and everyday substances — none of them the drug the kit reported.

  3. 03.

    Manufacturer instructions themselves disclaim use as definitive identification — the cross-exam material writes itself.

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Daubert — Drug Field Test — Case details

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Court the matter is pending in. Stamps the brief cover and the conform-to-jurisdiction caveat in the motion language (federal or state court — the methodology challenges apply under either standard).

Billing entity — rendered on the brief cover and included on the invoice when provided.

Privilege handling

Intake data is stored under attorney work-product principles. BenchRecon does not access the intake payload outside of brief generation. Do not enter privileged client communications, defense strategy, or identifying details — submit only the case parameters this form requests.

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Frequently asked questions.

What does the brief contain?

Seven sections: cover (your case identifier + jurisdiction stamped on), reliability standard recap (Daubert v. Merrell Dow factors), the lead authority's verbatim finding with source URL, the cumulative-error history with cited exonerations / IG audits / appellate opinions, recommended FRE 702 motion language (~250 words editable), a 10-15 question cross-examination question bank, and the methods + source URLs bibliography.

Is this legal advice?

No. The template is a research artifact modeled on the published critique literature for this discipline. Counsel of record adapts the motion language to the controlling circuit's FRE 702 doctrine and the facts of the case before filing.

How fast is delivery?

Stripe checkout completes in seconds; the PDF is emailed to the address you provide. Templates are pre-built — there is no per-case data pipeline running.

Do you cite anything I cannot independently verify?

No. Every citation in every brief carries a source URL stored alongside. Lead authorities are PCAST 2016, NAS 2009 / 2014, NRC 1979 / 2003, FBI/DOJ 2015. All are public-domain and linked to their original publication pages.

Refund policy?

7-day full refund, no questions asked.