How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111526
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Is it legal to steal someone's hairbrush and send the hair

Customer Question

Hi,
Is it legal to steal someone's hairbrush and send the hair to get tested for drugs, without the consent or knowledge of the person who owns the hairbrush? Also, said person who did this had her minor children search and steal the hairbrush of their father.
This happened in the state of PA.
Thank you,
JoAnna
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is illegal to take anything of value belonging to another person with the intent to permanently deprive. So if they took the brush and never returned the brush you could seek to pursue a theft charge against them, but it would be a minor misdemeanor based on the value of the brush.
So, you could file charges against them for the theft if you can prove they were the one who took the brush and it would be up to the prosecutor's office as to whether or not they want to pursue criminal charges.
Customer: replied 5 months ago.
Thank you, ***** ***** more interested in knowing if it was illegal to test the hair of the individual without their knowledge and consent?
Customer: replied 5 months ago.
Don't you need a court order or warrant to drug test someone?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
No, it is not illegal to test the hair per se. However, if the person who stole the hair is seeking to introduce illegally obtained evidence, it is up to the judge to decide whether or not to exclude that evidence. In a case of DNA or drug test for example the court is likely to still allow it because the court could have ordered the DNA test and the same results would be obtained.
Only the police need a court order or warrant, not a private person.