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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.

Move to suppress on the grounds that the presumptive field test is not a reliable basis for probable cause — citing the discipline's documented false-positive corpus and lab-director acknowledgments.

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.

    Common false positives: chocolate (Hershey's tested positive for marijuana), Tylenol PM (cocaine), household soap, fabric softener.

  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 informs which circuit-level FRE 702 doctrine to flag in the motion language.

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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.

Daubert — Drug Field Test | BenchRecon — BenchRecon