NCJ Number
181607
Journal
Federal Probation Volume: 63 Issue: 2 Dated: December 1999 Pages: 72-77
Editor(s)
Ellen W. Fielding
Date Published
1999
Length
6 pages
Annotation
Juvenile drug testing is a popular and accepted way of controlling juvenile behavior and detecting drug use, but certain constitutional and legal issues are associated with drug testing.
Abstract
Most juvenile justice systems in the United States use drug testing when supervising juveniles or keeping them in institutions. Drug testing, however, can be challenged as potentially violating six constitutional rights: right against unreasonable search and seizure, right against self-incrimination, right to privacy, right to due process, right to confrontation and cross-examination, and right to equal protection. Other nonconstitutional legal issues are associated with drug testing, and the most frequent issue is whether the condition of drug testing should be related to the act committed. Another legal issue involves whether a police officer can test for drugs in the absence of specific authorization by law, from the court, or in the absence of police agency policy. Legal issues arise in pre-adjudicaton testing because of possible negation of the presumption of innocence and the imposition of a sanction prior to adjudication. Recommendations for establishing a legally defensible drug testing program are offered that concern when to test, confirmation, chain of custody, confidentiality, court challenges, and pre-adjudication drug testing. 17 notes