Challenging the Shake Test: Legal Implications Explained
Law enforcement has recently been utilizing a new method called the shake test to determine if large sums of money are linked to illegal activities. This test involves shaking money over a sheet of paper to see if any particles fall out that may indicate the presence of narcotics or controlled substances.
However, the admissibility and reliability of this shake test in criminal and forfeiture cases have been called into question. In a recent Garvin County case, the court examined the validity of using the shake test as evidence to support charges of possession of drug proceeds.
Understanding the Shake Test in Law Enforcement
In the case mentioned, the defense team challenged the admissibility of the shake test evidence, citing the lack of proper foundation and reliability. The court ultimately ruled that the state failed to establish the shake test as a reliable method for determining the presence of narcotics on money.
Furthermore, studies have shown that a significant percentage of money in circulation contains trace amounts of narcotics, making it likely that the shake test could produce false positives. This raises concerns about the accuracy and validity of using this method as evidence in criminal cases.
The Legal Implications of the Shake Test
If you are facing charges or forfeiture actions based on the results of a shake test conducted by law enforcement, it is essential to seek legal advice from an experienced criminal defense attorney in Tulsa. Contact Wirth Law Office at 918-879-1681 to schedule a low-cost initial strategy session and discuss your legal options.