Rebecca Shaw, of Pasco County, FL, just became an unnecessary demonstration of the carelessness of law enforcement in America. Think that’s a bit harsh? Read on, my friend.
According to the report, she was stopped by a deputy who subsequently searched her vehicle. No cause for the search was reported, only that he asked if he could and she gave him permission (big mistake). The deputy found pills and didn’t believe they were just vitamins, as Shaw stated, so he tested them with his field drug test kit.
The deputy told her the pills looked to him like oxycodone and viola! The field drug test kit proved they were oxycodone.
Suddenly, Shaw found herself in jail for 5 months because of a false positive.
She lost her job and her house, and her husband and children were forced to go about their daily lives without her until they could raise the $5,000 for bail.
Now, there are many things to not like about this story, from her consent to search her car to what was most likely a $50,000 bond for simple possession of a controlled substance (not an illegal one, mind you). But what really irks me is that this woman, this law-abiding citizen was deprived of her liberty for what amounts to junk science (see another report from FOX 13 on field drug (reagent) test kits used by police).
Officials in other states are working to ban the use of field reagent test kits (Houston, TX; Bay Area, CA) because they are notoriously unreliable, and yet these tests are still widely accepted by law enforcement.
In Shaw’s case, it took 7 months for the county forensics lab to properly test her supposed oxycodone. She was of course vindicated by proper testing, but that doesn’t undo the damage done by the faulty field test.
She has been irreparably harmed. Her family too. She lost income and property while incarcerated, suffered damage to her reputation, and was wrongfully imprisoned for 5 months.
It took me all of 10 minutes to find numerous credible sources that state the unreliability of these tests. Even in the article on Shaw, FOX 13 states:
FOX 13 conducted a yearlong investigation on the unreliability of field reagent test kits and how they often get it wrong. Scientists tested everyday items like coffee, cold medicine, and air — all of which resulted in false positives.
It just goes to show, you should never consent. Resisting if they do not ask for your permission is a whole other thing that most people aren’t ready for, but if they do ask, do not consent.
I happen to believe that the percentage of law enforcement officers who act out of malice is extremely small. People generally become police to help, not to hurt, so this isn’t about condemning the sheriff’s department in Pasco County.
It’s about a woman whose life was effectively ruined because the police trusted an unreliable device. Had she not consented to the search, she may well have been on her way without incident. Had the county opted for accuracy over speed, she definitely would have been on her way without incident.
Shaw has retained legal counsel and is preparing to file suit against Pasco County, as she rightly should.
Not only is she owed redress for the considerable financial damage and damage to her reputation, which wasn’t half the total done to her, but a judgment in her favor would greatly discourage continued use of unreliable field tests and reduce the chances of another person being ruined the way Shaw has been.
Law enforcement has a responsibility to protect the public, including from law enforcement. Even innocent abuses are a dereliction of duty, and we must stand against them.