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Colorado Limits the Use of Faulty Field Drug Tests
Loaded on May 1, 2026
by Jo Ellen Nott
published in Criminal Legal News
June, 2026, page 42
Filed under:
Forensic Sciences,
Drugs - Determination of,
Evidence - Integrity/Reliability of,
Drug Laws/Offenses,
Knowingly and Voluntarily Made.
Location:
Colorado.
by Jo Ellen Nott
With the signing of HB26-1020 on March 26, 2026, Colorado became the first state to enact a targeted law limiting the harms caused by colorimetric field drug tests. The reform is narrow but important. Although it does not ban police from using these kits, …
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More from this issue:
- Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets, by Richard Resch
- New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, by David Kim
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, by David M. Reutter
- Chronotype Mismatch as an Emerging Vulnerability Factor in Custodial Confessions, by David Kim
- Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, by Douglas Ankney
- Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, by David Kim
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, by Douglas Ankney
- Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial, by David Kim
- Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, by David Kim
- Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, by David Kim
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, by Jo Ellen Nott
- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, by Jo Ellen Nott
- California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split, by David Kim
- Colorado Limits the Use of Faulty Field Drug Tests, by Jo Ellen Nott
- Texas Court of Criminal Appeals Announces That Warrantless-Arrest Statutes Conditioning Authority on an Offense Within an Officer’s “Presence or View” Require Actual Contemporaneous Sensory Perception, by David Kim
- Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, by Jo Ellen Nott
- Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, by David Kim
- Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, by Douglas Ankney
- Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence, by David Kim
- NEWS IN BRIEF
More from Jo Ellen Nott:
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026
- GEO Group Funnels Millions to Trump PAC Following Windfall ICE Contracts, Oct. 1, 2026
- CoreCivic’s Non-Binding Promises Leave Minnesota City Exposed, Oct. 1, 2026
- Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, Oct. 1, 2026
- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026
- $75 Million CoreCivic Contract to Reopen Minnesota Private Prison Creates Resistance from Activists and Lawmakers, Sept. 1, 2026
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026
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- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026. Deportation/Removal/Exclusion, Awareness of Consequences, Knowingly and Voluntarily Made, Grounds For Withdrawal.
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026. Cell Site Location Information ("CSLI"), Failure to Consult/Investigate/Raise, Trial Strategy, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue.
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026. Forensic Sciences, Constitution, state, Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- FBI Approves Rapid DNA Workflow for CODIS, Aug. 1, 2026. DNA Testing/Samples, Databases, Forensic Sciences, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Fingerprint Evidence, Expert and Opinion Testimony.
- Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026. Forensic Sciences, Searches - Cellphones/Computers/Internet, Statutory Construction/Interpretation, Failure to Consult/Investigate/Raise, Relevance.
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.





