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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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