News (Media Awareness Project) - US CA: OPED: Teens Have Few Rights In Drug Exams |
Title: | US CA: OPED: Teens Have Few Rights In Drug Exams |
Published On: | 2004-07-20 |
Source: | San Jose Mercury News (CA) |
Fetched On: | 2008-01-18 05:00:03 |
TEENS HAVE FEW RIGHTS IN DRUG EXAMS
So, what rights do teens who are younger than 18 have when it comes to
drug tests? Guy Jinkerson, who practices criminal law in San Jose,
broke it down for us:
AT HOME: Parents ``can do whatever they want -- search kids' rooms,
check their e-mail and invade their privacy,'' Jinkerson said. If a
parent wants to administer a urine drug test to their child, the teen
can't protest any more than ``I don't have to go right now.'' And
teens can't stop parents from submitting test results to police as
evidence of drug use. Because the test was given by a private citizen
instead of a law-enforcement official, there is no (legal) question of
consent.
AT SCHOOL: A principal or other school official can't force a student
to take a drug test. He or she can, however, call police to take over
an investigation of a student who appears to be under the influence.
THE POLICE: Officers can't search your car or force you to take a drug
test of any kind (blood, breath, urine) without probable cause.
IF YOU'RE CAUGHT: If you are prosecuted for drug use, the penalty for
your first offense depends on the type of drug. Marijuana will most
likely result in informal supervision by a probation officer. Harder
drugs, such as methamphetamine, cocaine or hallucinogenic mushrooms,
will probably result in court supervision and the fulfillment of
certain requirements, including community service.
Ragini Kathail
Pinewood School, Palo Alto
So, what rights do teens who are younger than 18 have when it comes to
drug tests? Guy Jinkerson, who practices criminal law in San Jose,
broke it down for us:
AT HOME: Parents ``can do whatever they want -- search kids' rooms,
check their e-mail and invade their privacy,'' Jinkerson said. If a
parent wants to administer a urine drug test to their child, the teen
can't protest any more than ``I don't have to go right now.'' And
teens can't stop parents from submitting test results to police as
evidence of drug use. Because the test was given by a private citizen
instead of a law-enforcement official, there is no (legal) question of
consent.
AT SCHOOL: A principal or other school official can't force a student
to take a drug test. He or she can, however, call police to take over
an investigation of a student who appears to be under the influence.
THE POLICE: Officers can't search your car or force you to take a drug
test of any kind (blood, breath, urine) without probable cause.
IF YOU'RE CAUGHT: If you are prosecuted for drug use, the penalty for
your first offense depends on the type of drug. Marijuana will most
likely result in informal supervision by a probation officer. Harder
drugs, such as methamphetamine, cocaine or hallucinogenic mushrooms,
will probably result in court supervision and the fulfillment of
certain requirements, including community service.
Ragini Kathail
Pinewood School, Palo Alto
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