NCJ Number
144286
Date Published
1992
Length
29 pages
Annotation
Drug testing has generally been upheld by the courts as an appropriate condition of release for probationers and parolees, especially when the underlying offense is related to drug use.
Abstract
This brief is aimed at attorneys, probation and parole agencies, and community corrections administrators who require legal information about drug testing. It provides an overview of the available drug testing case law as it relates to urinalysis, Fourth and Fifteenth Amendment issues, and legal challenges. Legal issues range from testing as a condition of release and confirmation of positive results to chain of custody of urine specimens, confidentiality, right against unreasonable search and seizure, right to due process, and admissibility of test results. Summaries of Federal cases involving drug testing are followed by State cases, which are organized alphabetically. Federal cases that involve State laws and State offenders are included in the second section.