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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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in the state of Indiana can a hospital or CPS take a stool

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in the state of Indiana can a hospital or CPS take a stool sample from a new born with out a court order or warent
Could you provide a little back ground information?
Customer: replied 8 years ago.
Can a hospital in the state of Indiana take a stool from a newborn without a warrent? Someone called child protective services and said my wife was smoking marijiana while pregnant. They took a macomum sample(infants first bowel movement) without showing a warrent or any other court order. Do they have to have probable cause on hear say and is it legal the way the hospital obtained the sample.
CPS is a little different than most agencies but I still think they had to have a warrant to obtain a stool sample although they could have asked the hospital to test it if they were testing it anyway. You probably will have a right to al least try to suppress the test. They can have probable cause based solely on hearsay.

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