QUESTION
Can the police drug test me on suspicion of narcotics being sold?
Asked on Oct 13th, 2012 on Criminal Law - Georgia
More details to this question:
I am 16 years old. About 6 weeks ago, 3 cops showed up to my house on suspicion of narcotics being sold. My parents let them in to search and in my room they found a half ounce of marijuana and a scale and pipes. They cuffed me and kept saying I was selling it. They never read my rights. They sat me down and talked with me and my mom and after a while they uncuffed me and said they will be back for a drug test. They also said the police report has to be sent to the district attorney and they are recommending he doesn't pursue the case. Can they drug test me? And if I fail what could happen? Do they have a time frame they have to test me within?
6 ANSWERS
Dennis P. Mikko
You are innocent until proven guilty and have the right against self incrimination. They cannot force you to take a drug test. While they can "recommend" to the prosecuting attorney, their recommendation does not have to be followed. It will be up to the prosecuting attorney as to whether you are charged. Taking the drug test will likely not help you and could hurt you.
Answered on Oct 16th, 2012 at 8:03 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Something is missing here. They don't have any authority to just show up and demand a drug test unless you are on probation. My advice is to consult with a criminal defense lawyer in your area. Don't talk to the police. They are not going to help you.
Answered on Oct 16th, 2012 at 7:47 PM
Leonard A. Kaanta
Yes, they can.
Answered on Oct 15th, 2012 at 4:32 PM
3 Awards
Do not make any statements to police - just say I want a lawyer scales are used by dealers, but they are also used by consumers that fear they are not getting what they paid for Marijuana is illegal - if you are arrested for possession or for possession with intent to distribute, you will likely get tested by pre-trial services or probation to determine if you are following the rules of release or probation - if you come up hot, you will likely go to jail no idea what the DA will do.
Answered on Oct 15th, 2012 at 4:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There are far too many possibilities under your factual circumstances for an accurate answer. The very best thing to do is hire an attorney in your area. Do not talk to the cops.
Answered on Oct 15th, 2012 at 4:03 PM
Michael J. Breczinski
You are a minor. Your parents could have you drug tested. What are you an idiot? Don't you know about the very bad side effect that ALL illegal drugs have? Jail or Prison.
Answered on Oct 15th, 2012 at 3:27 PM