Legal Question in Criminal Law in California
A cop approached me and said my name came up and said I was doing drugs and I am not on probation or in any program and wants me to go to the police station to test on Monday can he do that
4 Answers from Attorneys
As a Former Deputy District Attorney, who has handled criminal matters for over 25 years, I have never heard of such a fact pattern. That being said, an officer can arrest on probable cause. Here, the law enforcement officer didn't arrest, but wanted more information. As a lawyer, I would never comply with his request. If you weren't doing drugs, I might suggest a private drug test. Either way, I would consult a qualified criminal defense attorney now and retain them to try to maneuver the waters here...I wish you well.......David
Get an attorney, and don't show up... He can't make you test . There may be some fact missing but get an attorney
He can ask, but it doesn't sound like he can make you do it. If you don't have to do this, you almost certainly shouldn't. But you should discuss your case in more detail with a lawyer first. A lawyer with more information might see reasons why you have to submit, or perhaps why you should even if you don't have to.
Good luck.
You do not have to talk to the officer, let alone accompany the officer to the police station. You have a constitutional right to not talk to the officer, not have the officer search you, and not to submit to any drug test. It appears as if the officer does not have enough evidence to arrest you and only wants you to provide more evidence so that you can be arrested. Do not talk to the officer, allow the officer to search you, or allow the officer to test you. If the officer insists tell him/her that you will only talk to the officer if you have an attorney present. At this point the officer should then leave you alone. Under no conditions go to the police station. You will be best off not going to any place where you might run into the officer.
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