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socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 39160
Experience:  Retired (mostly)
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we had accuizations of meth use and dirty house.A policeman

Customer Question

we had accuizations of meth use and dirty house.A policeman and child servicves woman came in and asked to look around,i allowed them to.their isnt anything going on.they asked me for a swab test i said that i see no reason for one but allowed search and to talk to children and i.what will happen now?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  socrateaser replied 7 years ago.

Law enforcement (either police or child services) could decide that there is probable cause to arrest you and remove the children from your custody, or they may do nothing, because they didn't find anything.


In order to force you to submit to a swab test, you must be arrested for something. And, it may be the case that in order to be arrested, the government needs a swab test.


Which would mean that the government can't touch you or your kids.


Hope this helps.


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Customer: replied 7 years ago.
can they come back and require me to give a swab test?our house isn't dirty either.
Expert:  socrateaser replied 7 years ago.

In order to require the swab, you must be arrested and read your rights. And, in order to arrest you, the government needs probable cause, which means better than average proof that you're using meth. Based on your facts, no such proof exists, because if it did, then you would have been arrested already.