Court-Proofing Your Urinalyses

1. Court-Proofing Your Urinalyses

2. BLUF If it isn’t done right, you are going to be stuck with that Marine.

3. Discrepancies • Discrepancy Rate 2014: 2580/6577 (39%) • Common Discrepancies: • Double Tape • Bottle left in box w/o specimen • Label Discrepancy (no initials) • No bottle (but not crossed out on DD 2624) • Under 30ml • Incorrect date on label • Incorrect UIC • Package missing signature • Forms not received

4. Types of UrinalysesMCO 5300.17 • Random (IR): >10% • No un-selecting Marines who would otherwise be tested. • Unit Sweep (IU): 100% • Service Directed (OO): Brig, UA, PCS, leave, etc. • Must test your testing team every month test conducted • Voluntary (VO): Suspected of use and consents to test. • Always get in writing (include in the letter that they have the right to decline – do not pressure!) • Always ask before directing; much better evidence! • Command Directed (CO): Reasonable suspicion of drug abuse • Used to determine if someone needs treatment. • Not admissible at Court-Martial! • Cannot be considered for characterization for AdSep purposes. • Probable Cause (PO):Probable cause to believe 1) a drug offense has been committed; 2) by the individual being tested; and 3) the test will produce evidence of the offense. (MUST have all 3!) • Consult with OSJA first! • Put it in writing! • MRE 312(d) and MRE 315

5. Additional Testing • Routine Test: • Marijuana • Cocaine • Amphetamines & Methamphetamines • Designer Amphetamines / Ecstasy • Heroin • Opiates • “Full Panel” Tests: Benzodiazepines, Phencyclidine (PCP), and LSD. • “Validity” Tests: Tests buoyancy of urine for deceptive devices/methods. • “Synthetic Drug” Testing: Tests for Spice, Salvia, and other synthetic drugs • Limitations: Some drugs not yet Sched 1; limited testing capabilities • Steroid Testing: Must be sent to NDSL, SD for testing at UCLA. • “Re-Testing”: Very common for defense to ask for re-testing of the urine sample

6. Pre-Urinalysis • All observers are appointed in writing and briefed before the urinalysis begins. • Complete urinalysis observer brief sheet. • All UPCs are appointed in writing and have met w/ BN SACO to review duties/responsibilities. • SACO is appointed in writing. • Commander’s direction to conduct urinalysis needs to be in writing and maintained w/ urinalysis documents. • Print all documents in advance and review for discrepancies before urinalysis begins (i.e. smudges, EDIPIs, etc.)

7. During the Urinalysis DO IT THE SAME WAY EVERY SINGLE TIME!!! Common Errors: • Only one UPC is in charge and must be present the entire time. If they leave, everything must be locked upand annotations on the chain of custody made. • Place the time of collection on the Drug Testing Register (do not go back and guess if forgotten). • Observer must sign every single time, not all at once. • “Double Tape” or any other discrepancies must be listed in block 13 of chain of custody form.

8. During the Urinalysis Common Errors Cont’d: • If an EDIPI is wrong, line through it with black ink on the bottle label, Drug Testing Register, and DD 2624. • All changes must be initialed by SM and UPC. • Pen changes WILL be discrepancies, even if done right. Limit these on the front end by reviewing documents. • If spillage or leakage, place specimen in new bottle w/ same observer before putting it in the box. • Taints the entire box, if not noticed before hand. • Ask the Marine to ensure it’s tight. • If less than 30ml, write “Minimum Volume” • Don’t let someone give less than 30ml, or specimen will be unavailable for re-testing by defense request.

9. Post Urinalysis • Recommend 3 step process: • UPC: • Conducts pre-urinalysis review the day before • Conducts urinalysis • Conducts initial post-urinalysis review • Conducts packaging and transfer afterReviewer has completed their review • Reviewer • Ensures all documentation is ready to go a day prior • Periodically checks in on UPC during urinalysis • Conducts post-urinalysis review • Assists in packaging and transfer • Certifier • Reviews all documentation for discrepancies/missing info • Ensures a copy of all appointment letters, observer check lists, and CO authorization is retained with urinalysis documentation • Ensures coordination with another unit to test the testing personnel

10. Post Urinalysis Common Errors • If SNM did not provide a specimen: • Remove bottle • Line through specimen number, EDIPI, and premise code. UPC initial and date. • Write out all discrepancies in Block 13 of Chain of Custody • Not stored in an “incontestable secured area” • Double lock; only SACO/UPC access • Entry required on chain of custody for each transfer to/from storage; even if in the same day.

11. Packaging/Shipping Common Errors • Chain of Custody cannot be completed before day of delivery to USPS. • “Release to USPS for Transfer to NDSL Jacksonville.”

12. Evidence • Documents Used In Court (keep these!): • DD Form 2624 • Chain of Custody • Appointment Letters • Observer Checklist • Authorization to conduct urinalysis • Any Probable Cause / Voluntary Search letters • Other Evidence: • Litigation Package • Actual specimen bottle

13. Testimony

14. Common Defenses • “Cocaine Fairy” – Someone put drugs in my drink/brownie/you-name-it. • Tampering – Another Marine did something during my urinalysis; lack of chain of custody. • Discrepancies – The process was not conducted properly. • Mistake by Lab – The lab test has an error; lab procedures are faulty.

15. Questions