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 Urinalyses MCO 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. DO IT THE SAME WAY EVERY SINGLE TIME!!!
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 up and 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: Reviewer Certifier
Conducts pre-urinalysis review the day before
Conducts urinalysis
Conducts initial post-urinalysis review
Conducts packaging and transfer after Reviewer 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!): Other Evidence:
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 SACO UPC Observer Commanding Officer (?) Who Direct Cross
How the program operates / MCO requirements.
Procedures
Training
Chain of Custody/Storage
Institutional procedural problems
Lack of reset training
Lack of oversight
Chain of custody/storage problems
UPC
Exact process used (same every time)
Observer Brief
Training and Experience
Discrepancies
Chain of custody/storage
Procedural mistakes
Failure to brief observers
Lack of experience
Observer
Observation
Issues during Observation
Lack of brief
Lack of appointment
Lack of knowledge of req’ts
Failure to observe
Commanding Officer (?)
Oversight of program
Appointing SACO/UPC
Reason for testing
Wrong Premise Code
Appointing untrustworthy UPC/Observer
Failure to notify volunteer of rights
Lack of PC

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