24-125 Draeger Drug Test 5000 Oral Fluid Testing Device
Department Notice
This document is not an official representation of the published policy. To access the official signed policy, please contact us at [email protected].
What is it?
The Draeger Drug Test 5000 (“the device”) is a field-portable, battery-powered, oral fluid testing device for active drug compounds. Members can use the device to determine whether a detainee or arrestee (“the subject”) has certain drugs active in their body. Members can either use this to formulate probable cause to arrest or to support their existing arrest decision. Think of it as a PAS for drugs.
What does it test for?
The device will test for the following 8 drugs:
- Fentanyl
- Methamphetamine
- Cocaine
- Opiates (heroin)
- Oxycodone
- Methadone
- Benzodiazepines (Xanax/Alprazolam and others)
- Ketamine
The device will indicate whether the test is positive (drug or drugs onboard beyond minimum cutoff), negative (no or insufficient drugs onboard to hit cutoff), or inconclusive.
What is the Department planning for the device?
The Department is running a no-cost pilot with Draeger to evaluate a prototype fentanyl test kit that Draeger developed specially for SFPD to support the Department’s 11550 operations. If the pilot performs well, SFPD may consider purchasing devices and test kits. This device represents the Department’s commitment to innovation and new technology tools to support our core law enforcement function
Who will be using the devices?
The devices will be assigned to the 11550 team of DMACC. To request the use or deployment of the device for suspected fentanyl intoxication, please contact DOC.
What training is necessary?
Training is available from Draeger and takes approximately 15 minutes. To request training, please contact Director Ryan Kao at [email protected].
How does the device work?
- Place the device on a flat surface and power the device on. Follow the prompts while the device boots and self-calibrates.
- Unseal the test kit by breaking the seal. Remove the test kit and uncap the stem. Do not touch the collection tip with your fingers.
- Holding the colored tab, hand the test kit to the subject.
- Instruct the subject to insert the stem into their mouth and rub the tip of the stem along the inside the mouth until the window on the stem turns blue. If 4 minutes pass without the stem changing color, the test is also considered valid, and the member should stop collection.
- The member has a 4-hour window to complete the test after collection. If the member is not conducting the test immediately, the protective cap should be placed back over the stem.
- Open the door on the device and slide the test kit into the device until it clicks. Separate the stem cap’s two parts: the clear cap and the yellow cap. Insert the yellow cap into the matching slot on the device until it clicks.
- Close the door. The analysis will start automatically.
- The device will process the test kit, which will take several minutes. Once done, the device will prompt you to remove the test kit before displaying the results.
- Power on the wireless printer and align the matching infrared ports on the printer and the device, then hit print.
A video guide is available here:
Draeger Video Demonstration (YouTube)
A photo-illustrated guide is also appended to this Department Notice.
How should a member conduct the test?
- The member will request oral consent of the detainee or arrestee (“the subject”) to conduct an oral fluid drug test using the following language, or substantially similar: “I am asking you to complete a test of your saliva for drugs currently active in your body. The test requires you to have your mouth swabbed. The test will assist me in determining whether you are under the influence of drugs.” Any oral consent should be recorded on BWC.
- If the subject consents, the member will hand the collection kit to the subject and have the subject swab their own mouth. At the member’s discretion, or if the subject is unable to complete the collection without assistance, the member may hold the test kit and conduct the swabbing in lieu of handing the test kit to the subject.
- The member will then either retrieve and retain the test kit and run the test kit through the device within 4 hours of collection.
- After completing the test on the device, the member will use the included printer to print the test results and return the test kit to its packaging.
- The member will then note the test results in an incident report and book the test result print out and the expired test kit, including packaging, into evidence. The report should include either the term “Draeger” or “Drug Test 5000” so record keeping can be done automatically through CDW without additional forms. These terms are noted on the side of the device for easy reference and spelling.
What does the test tell me?
The test will tell a member whether certain drugs are present in the subject’s body. A positive result means that the drug is currently active in the subject above the cutoff threshold. The test does not provide the concentration of the drug. A negative result means that the drug was not detected at sufficient levels to hit the cutoff threshold. An inconclusive result means the test was inconclusive.
A positive or negative test does not prove either influence or sobriety on its own. A member should consider the results as part of all observations and evidence available at the time but should consider a positive result consistent with influence or use of a drug on the panel, and a negative result inconsistent with influence or use.
Frequently asked questions
Q: How long does the test take?
A: The test kit collection process takes between 1 and 4 minutes. The device will finish booting up during that time. Actual processing time of the test kit varies, but often ranges from 4 to 7 minutes. Once the door is closed, members can use that 4-to-7-minute window to conduct other aspects of the investigation.
Q: Do I need consent? Can I seek a warrant or rely on a Fourth Amendment exception?
A: Collection requires that the test kit be inserted into the subject's mouth for 1 to 4 minutes. The collection process is safest when the subject consents to the collection. There are also limited options to compel a collection for misdemeanor violations ofHealth and Safety Code section 11550(a). Accordingly, based on the way the test works and the applicable law, and also based on the pilot nature of this deployment, members should rely on consent in most or all circumstances.
Certain exceptional circumstances may justify use of a warrant or a different Fourth Amendment exception. This Department Notice does not prohibit or contradict any other Department Notice or General Order that would allow for the device to be used in other ways.
/s/
WILLIAM SCOTT
Chief of Police
Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.
