Legal Question in Criminal Law in California

Is manditory drug testing legal by police when I have no prior convictions?

Police search my house, incredible damage to my property, looking for methamphetamine. Make all kind of threats ie. prison etc. while trashing my place. Nothing is found because I do not do drugs, I drink. So they arrest me, take me to jail for fingerprints and picture along with manditory piss test.. I do not piss for them and they said I would be guilty if I do not piss in the cup. I did not piss and eventually was released after being booked as under influence of methamphetamine. At arraignment judge said I will do 90 days minimum county jail for being under influence of which I am guilty because I did not piss.

Question: How is this legal?

Also a friend in same town was taken to hospital to have blood taken for drug test while pleading with sheriff and hospital not to take blood for test, but it was done.

Another friend was taken from her house during search by warrant where no drugs were found, transported to hospital for xray to see if any thing was ''hidden in cavity'' or swallowed.

IS this legal? Public defender said it is within power of police to do all this. Is that true?


Asked on 6/08/01, 11:02 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Is manditory drug testing legal by police when I have no prior convictions?

Where in the hell do you live, Buchenwald.

That was a WWII death camp the Germans had to put people to death in for their entertainment.

There are too many questions to answer, but no these are not legal.

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Answered on 6/29/01, 10:30 am


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