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Arrested At Home For Under The Influence

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  • 04-01-2007, 03:00 PM
    cdwjava
    Re: Arrested At Home For Under The Influence
    Quote:

    Quoting ISUM'S
    I don't understand what that means.

    You can't be forced to take a test for illegal drugs unless you are arrested or unless you have a condition of probation or parole that compels a test. To be arrested for being under the influence, the police have to (a) lawfully be present where you are, and, (b) have probable cause to believe you are under the influence of a controlled substance. They can't just say you MIGHT be and then arrest you to make you take a test - they have to establish probable cause based upon observations and/or statements.

    - Carl
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