Drug Testing

luvmykids · #1 09-13-2008, 08:48 AM

My question involves juvenile law in the State of: Arkansas

Can a minor be screened for drugs without the consent of the parents? Also, if a minor is found in possession of drugs at the hospital and then the drugs are transferred to the police, can there be charges brought against the minor? What if the minor swears he/she cannot remember having drugs on him/her or even doing the drug? Are there foods that can result in false positives for certain drugs? I know a person who eats food with poppyseeds can test positive for opium.

aaron · #2 09-13-2008, 08:54 AM

Are you asking, if a minor is taken to an E.R. after an accident or overdose, can they do a tox screen as part of their emergency care? Yes.

If a person has illegal drugs on their person at the E.R., the illegal drugs may be turned over to the police. As it's illegal to possess illegal drugs, the person may be prosecuted for possessing them.

If the person possessed illegal drugs, and tested positive for the same drugs, the odds are that they tested positive because they were using their illegal drugs.

luvmykids · #3 09-14-2008, 09:15 AM

Actually, what I am trying to find out is if the drugs could be considered tainted evidence if the police were not present when they were found? I know they can do a tox screen if it is part of the ER care, but can they do it without parental consent on the minor if it is only because the drugs were supposedly found on the minor if the parents were not there.

aaron · #4 09-14-2008, 09:34 AM

Can they do a tox screen as part of their emergency care? Yes.

If a person has illegal drugs on their person at the E.R., the illegal drugs may be turned over to the police. Their discovery by E.R. personnel doesn't make them any less illegal, even if the police weren't present when they were found. If the minor believes he can make the case that the drugs were planted by the E.R. personnel, he's free to try.

Litigator · #5 09-14-2008, 09:56 PM

Has he been charged with being a juvenile delinquent? Normally in such a case involving drugs the drugs are going to be sent to the crime lab to be tested and if the test is positive then the attorney will determine whether the drug evidence can be challenged on chain of custody or other legal grounds.