Is it against my constitutional rights to be court ordered for a hair folicle drug test?

Question

I live in NY.... is there any way to object to a court ordered hair drug test??? is there any way, at all, around this? I beleive my rights may be violated...........thanks!

Answer 1

Yeah just refuse ,you may end up in jail but at least you want have to get a drug test.

Answer 2

If the court itself actually ordered it........

It is all of the way legal. You could go round and round but the judge will still know that you do drugs. A serious and very expensive lawyer might work it out but all will know you do drugs.

Your right was to not break the law. Best to not be thinking about constitutional law unless you have some serious money. If you don't it would be best to have your lawyer work out a really good deal.  

Answer 3

You can talk to your lawyer for advice.  Since this is ordered by the court, it is not illegal search and seizure.  

Answer 4

No. They have the right to compel it. However, they also have to have probable cause.

One basis of course is that if you're on probation or parole, yes, they can make you submit to it.

Answer 5

Did you know that carrying $10K in cash is evidence of drug trafficking?  It doesn't matter why you actually have the money... merely having it is considered evidence of a drug offense.   Police find you've got more than $10K, they can seize it as drug money.  

You can sue on behalf of seized property to regain its freedom.  Unfortunately, it has often been disposed of by the police before these proceedings are concluded... so you never get it back.

Many police department budgets depend on selling the product of drug forfeiture (cars, houses, jewelry, et al. of people convicted of drug offenses... and, of course, seized cash) to stay out of the red.

This is called a "conflict of interest" under most circumstances.

Paramilitary police units kicking in the door of the wrong house while serving a no-knock warrant and shooting the family dog (and maybe grandma too if she got her shotgun when she heard unidentified thugs breaking down the door)?  Was it a drug bust?  Yes? Charge grandma with attempted murder for shooting at the (unidentified) cops.

Given that all of the above is just fine and dandy so long as it perpetuates The War on Drugs... do you honestly think something as lowly as a right to not to be compelled to provide evidence that may incriminate yourself is going to survive?

Yes, it violates your rights.  No, there's nothing you can do about your immediate situation.

Write your congress folk.  Vote.  Run for elected office. (Note: conviction of drug felony - surprisingly common problem given decades of "tough on crime" politicians - may remove your right to participate in representative government.).  Put down the bong, sober up, and go to a political meeting.

Answer 6

It depends on the facts that you have left out.

If a judge wakes up in the morning and selects you for a drug test because you cut him off in traffic, then it is unconstitutional.

If you been arrested, it generally is not unconstitutional.

If you are on probation, they can test you any time they want.

Answer 7

Depends, is this before conviction, or after. Before would be a no, as you have the right not to incriminate yourself. After, for say, probation purposes, yes, they can order it.

If you have nothing to hide, do the test. It will go back, accurately, about 90 days.  

Answer 8

Nope. Don't do the crime if you can't face the time.  

Answer 9

no, it is not.

Answer 10

Court ordered? You can refuse on 5th amendment grounds. Give it a try. I don't know if it'll work, but it might, depending on the court you're in.

Answer 11

yes looks like your mad enough to protest in the only way you can shave your body. cuts there nuts right off.

Answer 12

Get over yourself. You have no more interest in your constitutional

rights than a fly does. I bet you couldn;t  tell us the first thing about

the constitution. You just want an excuse to get out of whatever trouble you are in. If it is court ordered you are screwed.

Answer 13

The constitution of the United States of America was written the late 1770s.  At that time drug testing did not exist.  I really don't think the constitution covers it.

Answer 14

If you could articulate just what right you think is being violated, you might have a better chance.  You generally have the right to be free from unreasonable search and seizure, but a warrant, an order from a courrt, is presumed to be reasonable.   BTW, if the court has ordered a hair test, it is probably because you are on probation already and thus have virtually no right to be free from search and seizure. A probationer accepts that limitation when he chooses to be on probation rather than in prison.