Parental Drug Testing as Condition of Juvenile Probation Unconstitutional

The Supreme Court has unanimously held that the juvenile court may not order the parents of a juvenile to undergo drug testing as a condition of their child's probation.

The Court wrote: "In summary, the magistrate’s order requiring the Does to undergo urinalysis testing constituted a search under the Fourth Amendment of the U.S. Constitution that is presumptively invalid absent a warrant. The intrusion is not extraordinarily invasive, but the Does do not have a diminished expectation of privacy in their bodies simply because their daughter is on juvenile probation. The search is therefore unconstitutional because it primarily furthers the State’s interest in law enforcement."

State v. Jane Doe, II and John Doe, I, http://www.isc.idaho.gov/opinions/State%20v%20Jane%20Doe%20II.pdf