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ID: Requiring juvenile's parents to submit to drug testing for juvenile's probation violates Fourth Amendment

By John Wesley Hall, Jr.

Parents required to submit to drug gesting as a condition of their child's juvenile probation order violated the Fourth Amendment. The parents had a reduced privacy interest when they lived with a probationer, but not that reduced. The special needs exception also did not permit such a search. State v. Jane Doe II (In the Interest of Jane Doe I), 2008 Ida. App. LEXIS 139 (November 13, 2008): We thus conclude that both a strong State interest and a laudable purpose are served by the magistrate's order here compelling the parents to submit to drug testing. Nevertheless, we also conclude that the special needs exception to the warrant requirement does not legitimize the order. We come to this determination based largely upon the most analogous United States Supreme Court decision applying the special needs doctrine, Ferguson v...continue to full post

Full post as published by Fourth Amendment on November 18, 2008 (boomark / email).