Urinalysis is warrantess search; Mandatory urine testing as condition of pretrial release is inappropriate as there is no evidence that it increases likelihood of appearance for court

State v. Rose, Court of Appeals Division II, filed August 26, 2008.

Ms. Rose was arraigned on drug charges relating to a marijuana grow operation. Ms. Rose’s only criminal history was a conviction for driving with a suspended license from 1989. She had no history of failing to appear for court and she had a stable address and employment. The Court released Ms. Rose on her own personal recognizance, but imposed “standard drug conditions” such as weekly UA’s, no possession or use of non-prescribed drugs, no consumption of alcohol, and no entering locations where alcohol is the principal item for sale.

[Read more…]