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ID: Random drug test by any LEO as a probation condition was valid

By John Wesley Hall, Jr.

Idaho probation condition of random drug testing by any law enforcement condition was valid. State v. Purdum, 2009 Ida. LEXIS 67 (April 20, 2009), court of appeals decision posted here: In this case, Purdum was placed on probation for possession of a controlled substance. The district court's order of probation contained the following condition: The Defendant shall submit to random blood, breath and/or urine analysis upon the request of the Court, his probation officer or any law enforcement official. (Emphasis added). A random evidentiary test is, by definition, one that may occur at any time and at any place. Thus, the language of Purdum's condition of probation is very similar to the language of the condition at issue in Gawron. That condition used the phrase "at any time and at any place by any law enforcement officer...continue to full post

Full post as published by Fourth Amendment on May 03, 2009 (boomark / email).