State v. Lar

Under the Fourth Amendment, law enforcement may not require an arrestee to urinate into a specimen container as a search incident to a lawful arrest without a valid warrant.Defendant was convicted and sentenced for unauthorized ingestion of a controlled substance. On appeal, Defendant argued that the circuit court erred by denying his motion to suppress evidence produced through chemical analysis of a urine sample that law enforcement obtained without first obtaining Defendant’s consent or a warrant. After considering an arrestee’s legitimate expectation of privacy and the government’s competing interest in preserving evidence, the Supreme Court agreed, holding (1) law enforcement may not, without a warrant, require an arrestee to provide a urine sample as a search incident to arrest; and (2) therefore, the search in this case was unconstitutional, and the circuit court erred by denying Defendant’s motion to suppress. View "State v. Lar" on Justia Law