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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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If I was at a party and received a minor for the consumption

Customer Question

If I was at a party and received a minor for the consumption of alcohol, is it legal to give me a drug test because they found a substantial amount of marijuana at the location. Additionally does this occurrence sound like an instance in which I should hire a defense attorney?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

It is likely that a lawyer could get a drug test suppressed that was not obtained pursuant to a search warrant. While warrantless drug tests are allowed under certain circumstances (student athletes, people in sensitive positions such as air traffic controllers), the rest of the time, a warrant must be obtained. It is always a good idea to have a defense attorney whenever you are in a situation that could give you a permanent criminal record, as the attorney could try to get you a plea that would keep a conviction off your record if the attorney is unable to suppress the drug test (or even if he is, you still have the minor consumption issue to deal with).