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Officer Says Drug Charges Caused by False Positive from Exposure on Duty

A police officer for the New York Police Department was fired for a positive drug test result showing methamphetamines in his system, but the cop has denied the allegations and stated the results were compromised by his apparel.

Nearly 20 years ago the NYPD began implementing drug testing through collection of hair instead of the previously used urine tests. This method was chosen as the best way to ensure officers were not under the influence of narcotics due to the fact that testing the hair is reportedly more reliable, can detect substances in the system for a much longer period, and are less costly than urine sample tests.

33-year-old NYPD officer Brian Quire served on the Manhattan warrant squad and held a position with the police department for 12 years. Quire earned the nickname “Legs” by his colleagues due to his regular choice of shorts for his attire.

Quire submitted to a random drug test last year and hair was collected from his legs for the sample. When the test was processed it showed that the officer had methamphetamines in his system.

After receiving a positive drug test result from the sample Quire was demoted from his position as detective by Police Commissioner James O’Neill, and he was charged for the alleged infraction. On February 16 Quire was fired from the department.

Yetta Kurland, Quire’s defense attorney, has stated that “A hair test can effectively determine whether or not the hair has been exposed to a drug but it cannot determine whether or not that exposure came from contact with the drug or from internal ingestion,” and that the positive test has shown false results due to the drugs making accidental contact with Quire’s uncovered skin while he was working.

During an administrative hearing many of Quire’s coworkers, including his partner and his supervising officer, backed up his defense that he has never displayed any behavior indicating he has used drugs.

Kurland further declared that it is important to ensure officers are not using illicit substances, but just as important that accurate testing methods are employed so that faulty results will not “destroy the careers of good police officers, like Detective Quire.”

If you or someone you love is suspected of a drug crime, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.