Trace Detection in the Field Expedites Prosecution

 

To expedite adjudication of cases involving the trafficking, manufacturing, or possession of controlled substances, federal, state, and local law enforcement officers need easy-to-use field identification tools. Not only do these tools need to safely and rapidly provide information to the officers on the scene, but they also need to deliver admissible evidence to secure probable cause, facilitate warrants, and generate seizures.

Breakthrough technological advancements have opened the door to a new type of detection technology that meets all of these officer needs quickly, safely, and reliably.

Critical Gap in the Toolkit

Officers rely on a variety of tools to cover the detection and identification of different sample types. These tools often require bulk amounts of the samples to detect and identify a controlled substance or hazardous material. However, recent innovations in detection technology have brought gold-standard laboratory technology to the field, allowing for trace samples of materials to be accurately detected and identified on the scene, even by non-technical users.

Detection Technology That Meets the Need

One of these breakthrough technologies is called High-Pressure Mass Spectrometry (HMPS). The development of HPMS has enabled the miniaturization of powerful lab-based chemical identification instruments typically used to test a sample in a crime laboratory. What makes HPMS so powerful is its high sensitivity, which allows trace amounts in samples to be detected and identified, coupled with its compact size, which allows it to be easily deployed and used in the field.

HPMS technology can be used to detect and identify trace-level evidence in various situations:

    • Determine if a vehicle was used to transport a controlled substance
    • Confirm various tools that were used to construct an improvised explosive device
    • Locate labware that was used to synthesize methamphetamine

This intelligence can establish linkages, generate probable cause for search warrants, and even help expedite pleas before indictment. Furthermore, results indicating that no controlled substances have been detected can also exonerate the innocent and redirect investigatory resources since prosecutors do not need to wait weeks or even months for a lab result.

Building a Case

Recently, multiple agencies with the Ohio Attorney General’s office announced that handheld HPMS technology has made a big difference for them in fighting the opioid crisis.

“The MX908 devices are a breakthrough in narcotics investigations,” said Ohio Bureau of Criminal Investigation (BCI) Superintendent Joe Morbitzer. “We have been able to deploy the devices statewide to assist task forces and agencies in investigations. Not only do the devices provide instant preliminary results but, more importantly, [they] reduce the risk of exposure to our staff.”

“When just a speck of fentanyl can cause an overdose or death, equipping our task force officers with a device that can safely field test and identify deadly narcotics is a lifesaver,” said Ohio Organized Crime Investigations Commission (OOCIC) Executive Director Rocky Nelson. “These devices give our task forces the latest technology to stay one step ahead of the bad guys and keep drugs out of our communities.”

Relying on Mass Spectrometry

HPMS leverages mass spectrometry, which is typically discussed as a technique for laboratory scientists and is known for its analytical power. The technique is classified as Category A by the Scientific Working Group on Seized Drug Analysis (SWGDRG) and ASTM 2329-17 and has been admissible in court for more than 50 years. By using mass spectrometry to detect and identify samples in the field, the evidence is more likely to be taken seriously when it is time to go to court.

Additionally, HPMS technology has been tested by numerous independent government testing agencies and documented for the reliability and reproducibility of results, supporting its use under Federal Laws of Evidence 402 and 702.

How HPMS Is Used in the Field

A recent case comes from an officer conducting a vehicle search. During the search, the officer did not find any bulk controlled substances, but did locate several plastic bags with a small amount of powder residue. The residue was not enough for other field tests, but handheld HPMS was able to identify the presence of fentanyl in each bag.

These positive results, combined with additional information from the traffic stop, were used to obtain a search warrant for the suspect’s home. At the suspect’s home, law enforcement officers were able to recover the following:

    • Additional bulk fentanyl and crack cocaine
    • $10,000 in cash
    • Several stolen firearms

In this instance, the suspect was arrested on multiple charges, due, in part, to trace evidence of drugs from a basic traffic stop. Without handheld HPMS, generating enough evidence to obtain the warrant was likely not possible and the suspect would not have been charged.

Comparing HPMS to Other Technologies

Many technologies are available now for detecting and identifying controlled substances, and it is important to see how HPMS can perform when compared to these other options. The differences are illustrated clearly in another case where a HAZMAT team responded to the scene of a fatal overdose by syringe injection. A one-gram bag of light tan powder was found at the residence, and the team initiated their standard protocol for testing.

They used several testing methods and achieved the following results:

    1. FTIR – Detected only lactose (common cutting agent). FTIR was unable to see through the bulk cutting agent and identify trace levels of narcotics, so no actionable intelligence was gained.
    2. Fentanyl Test Strips – A positive presumptive result for fentanyl was indicated.
    3. High-Pressure Mass Spectrometry – Detected and identified the presence of a fentanyl analog with minor indications of caffeine and acetaminophen.

Because of its extreme sensitivity, HPMS can identify trace levels of synthetic opioids such as fentanyl and carfentanil contained in heavy concentrations of cutting agents, which are consistently missed by other currently deployed optical (Raman & FTIR) methods.

Raman Spectroscopy

High-Pressure Mass Spectrometry

Salt & Crystal Forms Limited by libraries:

•  This means a drug cannot be identified if the exact spectrum is not in the library.

High target specification:

• Numerous salt and crystal forms of a given drug can be identified with a single library item.

New Fentanyl Types Limited identification:

•  Novel fentanyl analogs cannot be identified if the library is not updated.

Unlimited identification:

•  More than 2,000 novel fentanyl analogs can be identified based on mass pattern prediction without being in the library.

Limits of Detection High limits:

• Street fentanyl cut to 1–5% will be masked by the cutting agent and not detected.

Low limits:

•  Fentanyl can be identified at 1% or less in a variety of cutting agents and other drugs.

In Conclusion

Elite responders and local forces around the world have begun to adopt HPMS technology to manage controlled substance problems and move investigations forward. This new technology has been field tested and shown to be reliable in court, while also supporting officer safety in the field. Certified laboratory results will surely be obtained for those cases that end up going to trial, but expediting the investigation with strong evidence gathered from the field is a critical forward step.