Police told a man a container in his car tested positive for drugs. It was his daughter's ashes.

[Nevilledog]

Link to tweet

Tweet text:
Nicholas Kristof
@NickKristof
Police stop a man for allegedly speeding, search his car and tell him they've found drugs in a container in the vehicle. The container was a sealed urn that they opened and that in fact contained his daughter's ashes:

Police told a man a container in his car tested positive for drugs. It was his daughter’s ashes.
Dartavius Barnes alleges that officers with the Springfield Police Department unlawfully took the sealed urn containing her daughter’s ashes and opened it without his consent, spilling some of them...
washingtonpost.com
9:22 AM · May 21, 2021

https://www.washingtonpost.com/nation/2021/05/21/dartavius-barnes-daughters-ashes-mixup/

Dartavius Barnes sat handcuffed inside a squad car in Springfield, Ill., looking confused as police told him they’d found a container in the center console of his car that tested positive for meth or ecstasy.

“No, no, no, bro, that’s my daughter,” Barnes yelled, body-camera video of the April 2020 incident shows. “What y’all doing, bro? That’s my daughter!”

That container, Barnes told the officer, was a small urn storing the ashes of his 2-year-old daughter — not an illegal substance.

Barnes has filed a federal lawsuit alleging officers with the Springfield Police Department unlawfully took the sealed urn containing his daughter’s remains, opened it without his consent, and spilled some of the ashes while testing for drugs. Roughly 47 minutes of body-camera footage of the encounter was published by WICS and WRSP last week.

*snip*

[Voltaire2]

1. I am just shocked that the police would blatantly lie.

[StarfishSaver]

20. But let's give them all the benefit of the doubt in each case until they're proven to be lying

[diverdownjt]

53. The burden is not on us to prove they are lying...

The burden is on them to learn to tell the truth again.

I assume you are lying...no matter how subtly you lie to yourself...and no i am not talking to you Star in particular
your words brought these out of me...

[Faux pas]

2. Kickin' with disgust!

and When will this shit end!

[multigraincracker]

3. They figure if they lie,

you’ll cop to a lesser charge. Basic Police training 101.

[malaise]

4. I would sue the pants off these fascists

They are beneath scum

And of course he's African=American - look at his beautiful baby

https://www.google.com/search?q=Dartavius+Barnes&sxsrf=ALeKk02JZ5HIusdeU4Fm5E1L2muCSop-sQ:1621615601686&source=lnms&tbm=isch&sa=X&ved=2ahUKEwj98ZnvnNvwAhU3RjABHecdCLYQ_AUoAXoECAEQAw&biw=780&bih=357

[Dawson Leery]

5. When the time comes for these coppers,

S**t in their caskets. There is no metaphor here, if you are wondering. That would be just compensation.

[gldstwmn]

6. Fucking idiots...

Also why are we still prosecuting people for possession of marijuana?

[GregariousGroundhog]

9. Illinois law permits one to posses 30 grams of marijuana

In this case, police found 80 grams and issued a summons.

[jcgoldie]

10. If you are transporting it it has to be sealed in a container from the dispensary

But just a misdemeanor now otherwise I believe unless you are over a certain amount.

[lame54]

7. Lock her up

[GregariousGroundhog]

8. Definitely cringe, but I don't see wrongdoing

If I understand correctly - police pulled this man over for speeding and for going through a stop sign, they saw a mason jar filled with what appears to be marijuana in excess of the 30 grams allowed by Illinois law, they detained the driver, they asked to search his car (which he permitted), they found a small container containing a white substance, they tested the white substance for drugs and got a false positive, they informed the detained man of the results, the detained man told the officer what the white substance truly was, and the officers then issued a summons for the excess marijuana before letting the guy go.

I guess the questions I have are 1) did the urn have a name and date of birth/death on it that would have given the officers reasons to not do the drug testing? and 2) how reliable are these field drug tests?

[Xoan]

12. WHITE marijuana ...

and you see nothing wrong?

[GregariousGroundhog]

16. I never said white marijuana

Given the 80 grams of marijuana, finding a white substance and assuming cocaine or ecstasy is a decent assumption in most case (though obviously wrong in this one). The drug field testing kit should have disproven the police's assumption, and I'm actually somewhat surprised and curious why the police decided to trust the guy's explanation instead of booking him. I suspect the police either found a name and date of birth/death on the urn that they didn't see previously, or they had reason to distrust their field test from past experiences. The first explanation is an embarrassing mistake, but not misconduct. The second explanation is more problematic - why run field tests that they do not trust?

[stopdiggin]

33. don't be stupid

the MJ was 'claimed' possession, and the subject 'consented' to search. Doesn't really follow that they look only for weed in subsequent search.

(sympathy for the guy and the circumstances, but .... )

(oh, yes -- and the LE does routinely lie -- and are allowed to -- shitty, but not unlawful -- and no secret)

[Demsrule86]

14. It was ashes from a deceased person...so the cops did do something wrong...hope they all

get fired. They claimed to have tested the ashes and that it was drugs...cops like that don't belong on the force...any force.

[GregariousGroundhog]

17. There isn't enough information to conclude wrongdoing

In particular, a positive drug test (even if it turned out to be positive) should have resulted in an arrest. What I'm curious about is what information came to light for the officers to not arrest. Did they just trust the human remains argument given by the detained driver? Are there previous instances were they got burned by false positives? Was his child's name and date of birth/death on the urn that they didn't previously notice?

I feel that this incident should serve as a learning opportunity and/or policies looked at, but I'm not convinced the officers should be fired for it.

[StarfishSaver]

24. "Not enough information to conclude wrongdoing"

Translation: Let's give the cops the benefit of the doubt.

No.

If I'm going to give anyone the benefit of the doubt, I'm going to believe the guy whose daughter's ashes were desecrated, not the cops who did it.

[LanternWaste]

27. There always gonna be one or two sea-lions rationalizing the irrational

and translating the abject idiocy of stops like this by cops as perfectly reasonable, rational behavior. You shall know them by their fruits...

[StarfishSaver]

30. More than one or two.

[LiberalLovinLug]

29. The very fact they didn't arrest him is the problem with their story

Either it tested positive or it didn't. If it did, they wouldn't have a choice you'd think.

Surely they are trained to NOT take a suspects word over a positive test of powder in a container. No matter how much they whine and plead.

Seems to me it was a perfect case for a plant. A judge would have less doubt about it from a vehicle that already was found with pot in it. IMO, it could very well be that that is what they had planned. But even they realized, after the grand dad entered and realizing the backlash if it really was what the driver said it was, that it was prudent to call off the plant.

[stopdiggin]

35. more likely (IMO) the 'positive' was a fabrication

LE is allowed to lie. It's part of their playbook.

Edit: closer reading reveals that (as surmised) there was not a reliable positive on the substance. First guess heroin, second guess coke, third guess "probably molly."

-webcam- "At first I thought it was heroin, then I checked for cocaine, but it looks like it's probably molly,' one officer said, using the slang term for ecstasy."

Police 'report' a positive for "meth/ecstasy" to subject. Back off with father's reaction. Police were going back to 'retest' and then decided to accept the father's story of daughter's remains.
(knew they had nothing)

[ET Awful]

37. My guess is they were lying trying to draw him into admitting something he didn't do. n/t

[Tribetime]

59. Ding ding ding we have a winner

[ms liberty]

44. You've apparently never seen cremated human remains, have you?

They're not a white powder like coke.. They're greyish white, and quite gritty with pieces of bone and stuff.
The remains were in an urn, which is a recognizable container. The cops should have left it alone, or asked about it and then left it alone. Don't make excuses for their wrongdoing.

[intheflow]

48. They were in a *sealed* urn. n/t

[malaise]

57. They were in a *sealed* urn

THIS

[druidity33]

46. cremains do not look like drugs...

AT ALL. There really is no mistaking them for any drug on the market. Have you ever seen drugs or cremains? If you haven't then i'll assume you're not actually being disingenuous here. But learning opportunity? Really?

[intheflow]

47. Okay. Let's pretend it was your daughter's ashes.

You were on your way home from dinner with friends and have an open bottle of wine in your backseat (because your friends don't drink and it's your favorite, or whatever). You get pulled over for blowing a stop sign, the cops see the open bottle of wine in your back seat. They immediately handcuff you and throw you in a cruiser, then ask if they can search your car. It's such a surreal moment and you literally have nothing to hide, so you consent to the search. They find YOUR TWO-YEAR-OLD DAUGHTER'S ASHES AND TEST THEM FOR DRUGS.

I'm sure you'd be all like, "Oh, gee. What an awful faux pas! I hope these officers learn their lesson!"

But of course this would never happen to you, because I'm pretty sure you're white, and even if cops saw an open bottle or weed in your car, you'd just get a vague citation and be on your way. No cuffs. No vehicle search. No desecration of your daughter's last remains.

[Hekate]

18. WaPo calls it a "sealed urn," not a "mason jar." You don't carry your dead child's remains in ...

...a mason jar, as a general rule.

And as for the claim that it “looked like” drugs, it kind of reminds me of the time 50+ years ago when a fellow college student complained to me that he’d been sold oregano instead of pot: it does not pass the smell test.

[GregariousGroundhog]

21. The marijuana was in "plastic bags and a Mason jar". The remains were in a "small metallic object"

[SpankMe]

19. I do not see how ashes could possibly give a false positive for drugs.

That seems like a stretch. Too much of a stretch for me. I think they claimed a false positive to cover up for their insensitivity.

[GregariousGroundhog]

25. The Washington Post actually linked to another article regarding this

https://www.propublica.org/article/common-roadside-drug-test-routinely-produces-false-positives

[StarfishSaver]

22. Oh, good Lord

Here we go.

[Hekate]

58. I know. He just keeps digging and digging and digging.

Any moment he’ll hit a gas line and blow up.

[kcr]

23. Answer to your second question

From the article. I realize it's behind a paywall, so will excerpt:

The incident is the latest to illustrate the risk of false positives in field-testing drug kits used by police, which in recent years have incorrectly detected drugs in objects including chocolate chip cookies, deodorant, breath mints and tortilla dough. In 2018, a Tampa Bay mother of four spent five months in jail after her vitamins falsely tested positive for oxycodone, the Miami Herald reported.

[LanternWaste]

26. What then specifically is "cringey" to you?

As you appear to rationalize each specific aspect of law enforcement's actions...

[Progressive Jones]

32. No excuse for the classless behavior of these rubes.

It's time to turn policing into a proression, and not some common occupation.

[Iggo]

11. America's Finest!

Give ‘em a hand, everyone.

[Demsrule86]

15. I would rathe give them the finger in this case...

[Demovictory9]

13. And the cops laughed about it

[Bettie]

28. f-ing cops

What the fuck?

[ailsagirl]

31. OMG

That’s terrible 😓😦😡

[calimary]

34. Sue the bejeezus out of 'em!

Make it as costly and punitive as possible!

[CaptainTruth]

36. IMHO there's a difference between searching a car & breaking the seal on a container to search it.

If cops suspect something suspicious in a sealed container (or a locked box) they can confiscate it & go to a judge & get a warrant (showing probable cause) to open it.

I'm willing to bet that the law doesn't work that way, but it should.

I'm really tired of cops who think they can do any damn thing they please when they detain someone.

[peppertree]

38. CWB

Cremated While Black

[VGNonly]

39. The Krispy Kreme Caper

[link:

|

[ChazInAz]

40. I grew up there.

Grew up on the wrong side of the tracks.
Though I left the benighted town in 1979, I see that nothing has changed.

[Pepsidog]

41. Throughout the 90s to today I have represented many people who alleged the cops planted evidence,

rigged tests etc. that was always a loser defense. Not that I didn’t believe them but it was client’s word vs. cops. Now with video it’s all coming out. The brutality, BS car stops, and heavy handed police tactics. Imagine what it was like before body cams and dash cams? Many clients across the race barrier told of praying by cops. To many cops with nothing to do but overreact when they see a chance, especially with those fleeing. Cop training must change. They must learn that a fleeing subject not wanted for violent crime doesn’t Give them carte blanche to beat and kill people. If I were a black man driving in my neighborhood I would be scared to death if a cop tries to stop my car.

[Texaswitchy]

42. My Mother is in a beautiful box.

She picked out the box before she died.

I transfered her ashes to box.

Human ashes do not look like drugs.

My mother's ashes were soft and feathery.

I touched them.

The police were stupid.

[ProfessorGAC]

43. I Don't Trust The Field Tests

Holding for a bit to explain my technical reasons for distrusting them, the biggest issue is the consequences of analytical error. In a lab, experienced professionals may likely be able to recognize specious results and follow retest protocols. Even if they don't, one incorrect result out of dozens have little downside as they can be deduced an outlier after the fact.
Here, analytical error results in an arrest!
My experience with junior chemists in R&D analytical labs and day to day quality assurance labs looks like this:
1. For 3 weeks, the new person learns nomenclature, jargon, instrumentation, basic chemistry being employed, learning the data collection database, and WATCHES a senior person perform the tests.
2. For the next 3 weeks, the new person runs the tests while the mentoring chemist also runs it. The official number is from the experienced chemist or technician. All pairs of data are saved. Near the end of that 3 weeks, the paired data is analyzed for conformance to 2 operator/same equipment values in the methods' Precision & Accuracy statement. If they pass they move to step 3, or repeat step 2. (Considered a yellow flag.)
3. For 3 weeks these new folks run tests but with the mentor observing everything. If ok, step 4.
4. Running tests and getting involved in retest/resample protocols (especially in quality labs where production is dependent upon credible results). This is another 3 weeks.
So, we're talking 12 weeks before a new hire gets to have official, released test results. At this point, we're talking about HUNDREDS of tests performed & results evaluated.
And(!), we haven't discussed technique sensitive tests.
Think these cops have anywhere near this level of drilled-in, learned expertise?
The companies making these kits are likely greatly overstating ease of use & accuracy of results from marginally trained personnel.
Combine all that with the dire consequence issue and my distrust is cemented.

[roamer65]

45. Never, EVER give the fuzz permission to search your vehicle.

If they ask, say NO.

I have told them no.

They don’t like it, but tough shit.

Read the Constitution, Pigs.


If they know they have the right to search, they won’t ask. They will just have you get out and they will search.

[DFW]

49. Maybe they have run out of ways to harass living people

So now they have nothing left but to start in on people already deceased. I don‘t know what kind of reaction they think they‘re going to evoke.

[niyad]

54. Glad to see you with us again. How bad did it get?

[ck4829]

50. Wow...

[Capperdan]

51. And Fuck those blue flags

More and more popping up around me. Its a way to counter the BLM movement without 45's name involved. Defund.

[BobTheSubgenius]

52. I believe very strongly that police should be better trained.

Do they not know that those body cameras record what they're doing? It wouldn't take much to learn them up; maybe an extra 15 minutes added to the academy curriculum.

[StarfishSaver]

60. This isn't a training problem

[gulliver]

55. Eliminate the Drug War...goodbye vast majority of police problems.

[Stuart G]

56. Springfield Illinois has a new "reputation" worst police in the entire world...

Old reputation.....Home of Abraham Lincoln...

New reputation could take over from the old. Why? This story is world news. And the cops handled
it .............."in the worst way possible.. But the cops didn't care, because they knew that
they were 100% correct...

As we have seen in many instances...the cops are never 100% correct...Often .........................

THE POLICE ARE 100 PERCENT STUPID AND IGNORANT AND COULD CARE LESS ..................... . ABOUT CONSEQUENCES OF WHAT THEY DO !!!