Originally Posted by
twelch576
Can she use that test against me since it was not in the stipulations of my probation it violated my 5th amend. right didn't it?
Hello t:
Couple things. I read your other comments... I don't know who told you this stuff is fair, but he was lyin to you... What you need to worry about is what your PO does to YOU - not anybody else. YOUR PO violated you. It's either for lying, or using drugs... Who cares? She doesn't need the test results. You ADMITTED it. That's enough.
No, your Constitutional rights weren't violated... A CITIZEN is entitled to due process, and is protected against unreasonable search and seizure... You, however, are a convicted criminal. While you are under sentence from the court, your Constitutional rights are LIMITED. Therefore, even though it may not have been checked on your sheet, you don't have ANY rights against searches and seizure, and your due process rights are severely restricted.
Now, you'll get your chance to argue your position to the judge, but I don't think it'll hold water..
excon