Legal Question in Criminal Law in California
drug testing
my boyfriend and a friend of ours were pulled over for no registration and then accused of being under the influence and taken to the sherrif substation where they submitted to a urine screen and held for 12 hours. when the sherrif took the urine sample he handed them styrofoam cups and after they were filled with urine the two men were taken to their cells. the sherrif did a ''strip screen'' and the men were both ''presumptive positive''. my boyfriend gave the urine sample because he thought he was still on parole but upon contacting his parole officer he was told he was no longer on parole. the friend that was with him went immeadiately upon release and had an independent test done which came back as clean from all toxins of any kind. can the evidence of my boyfriends test be suppressed or thrown out for any reason and this case dismissed?
1 Answer from Attorneys
Re: drug testing
If a drug recognition expert did not arrest you, the seizure of the urine will be suppressed.
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