Can a narcotics detective give you a drug test after arrest if they found out that you were on probation?

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Can a narcotics detective give you a drug test after arrest if they found out that you were on probation?

My brother got caught with marijuana with intent to distribute. The arresting officer found out he was on

probation and gave him a drug test at the jail. Can he do that or was it up to his probation officer to do that?

Asked on November 27, 2017 under Criminal Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being on probation does not limit being drug tested to the probation officer. Someone on probation can be drug tested by any law enforcement officer if there is probable cause and the testing is otherwise legally ordered. Possibly your brother can challenge the test and its use against him if it was not properly ordered or conducted, and he may wish to discuss the situation with a criminal defense attorney to see if there are grounds to do so--but the fact that his P.O. did not order the test is not relevant.


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