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ID: Parents of juvenile offender could not be ordered to give UA as condition of daughter's probation

By John Wesley Hall, Jr.

The parents of a juvenile offender could not be ordered under the Fourth Amendment to undergo urinalysis as a condition of their daughter’s juvenile probation. They are presumed innocent, and such a test intrudes on their reasonable expectation of privacy under Ferguson because the test is for general crime control. State v. Doe II, No. 36121 (Idaho June 1, 2010) (opinion via Leagle, Inc.): Although the Does’ daughter is on probation, it does not necessarily follow that they themselves are subject to a diminished expectation of privacy in their bodily fluids. Parolees, probationers, and indeed all criminal offenders are on a “continuum of state-imposed punishments. Samson v. California, 547 U.S. 843, 850, 126 S. Ct. 2193, 2198 (2006) (quotations omitted)...continue to full post

Full post as published by Fourth Amendment on June 03, 2010 (boomark / email).