Legal Question in Legal Ethics in Virginia

drug testing by parole officers

Can a PO violate someone for positive drug test when the sample is left , not sealed or tested in front of donor, or have donor initial the sample


Asked on 3/20/07, 11:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: drug testing by parole officers

Sure, the PO can always ask the court to issue a Rule to Show Cause against the alleged probation violator, but when the probationer appears for his or her hearing, this issue(possibly contaminated or switched sample) could be raised and argued to the court as a basis to have a new sample submitted and tested(with appropriate safeguards) and the Rule to Show Cause dismissed if it proves negative.

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Answered on 3/21/07, 7:59 am


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