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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can a probation officer drug test me even if the conditions

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Can a probation officer drug test me even if the conditions for submitting to drug testing is not checked on my probation order in maryland? The order says that i must no possess or use any illegal substances but the submit to drug testing by my probation officer and abstain from alcohol use is not checked.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even if the conditions did not check off drug testing, because the order stated you must not use or possess illegal substances, probation has discretion because they have a right to find out if you are complying with that part of the order to test you as that is the only way they can know if you are using illegal substances. There is no other way for them to know if you are or are not complying with that part of the order, regardless of whether the testing was checked on your form.

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Customer: replied 3 years ago.

So does that mean they can do so only with reason? Also, there is a paper that explains the services I pay for in probation. There is no amount next to drug testing fee, as well as "No Test" next to PBJ. Ive been told a P.O cannot test you unless the court has ordered it.

Thank you for your response.

The only reason they need is to check your compliance with the order that you not use drugs or illegal substances. While you may have been told by someone you cannot be tested without a court order, that is not true, since as I said above there is only one way for a PO to determine if you are complying with the order and that is to test you and you said the order did say you were not to use illegal substances.
Customer: replied 3 years ago.

I do very much appreciate the answer and fully plan on giving a high rating. However, I do not see the reasoning they would provide an area to check whether i need to submit to random urinalysis testing if they would already do so in the first place. The areas that have the boxes to check for drug testing are under "special conditions" section of the probation order. I am looking for any other in-depth point of view into the Maryland probation system. I believe there may be more to it, as I have also read that Probation officers have noted to others that they must be ordered by the court to give testing.

Thank you for your response.

Probations officers have a broad range of power and discretion as well in making sure the people under them obey the terms of their probation. If a probation officer goes to court and you argue they could not test you, the courts (and I have seen it over and over again) will say they could under their right and duty to make sure you are in compliance with the order not to use illegal drugs, that is the rub you are faced with here them trying to make sure you comply with the court order.
Customer: replied 3 years ago.

Does that make them any less likely in your opinion? Especially if it says no test on the docket? Even if a maryland probation officer says something else? Thank you for your time.

Actually, if this goes to court, they are more likely to amend their probation order and issue an order for testing because courts believe someone who protests the tests has something they are trying to hide.
Customer: replied 3 years ago.

But why amend it and issue and order for testing if it supposedly means nothing and can test me anyway? And they have no reason to test me since it is just for a DWI and they put me in the drunk driver monitoring program. I dont see them rubbing it in my face by having the option to check the box or not on top of them telling me to abstain from substances.

Thank you for your question.

I have asked that question many times myself and cannot say I disagree with you, but have lost that argument pretty much every time. You are free to file a motion in court to clarify the order and ask the court to decide that drug tests are not allowed absent reasonable suspicion. The drunk driver monitoring program tests only alcohol though in most all cases, not drugs so you have to argue there has been no history or proof of drug use and even then it is a hard argument to the court.
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