Field Testing

The Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 21-28-4.01(c) (possession of marijuana, one ounce or less, 18 years or older).  The Defendant while driving was pulled over by a Providence Police Officer.  After discovering the Defendant did not have a valid license, the police officer placed the Defendant in custody and searched the Defendant’s car.  The Officer found a glass jar containing suspected marijuana in the car’s center console.  The suspected marijuana was tested with the use of a Duquenois-Levine Reagent Field Test by a Providence narcotics detective, but it is unclear from the decision whether there was any testimony about any test results.  The Defendant argued that the evidence did not establish that the suspected marijuana was, in fact, marijuana.  The Panel agreed with the Defendant, granted the Defendant’s appeal, and dismissed the charged violation. 

City of Providence v. M.P., C.A. No. T15-0023 (February 16, 2016).pdf