Is a probation condition requiring a probationer to submit to alcohol and drug testing prohibited by the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Xinol-Mendez, E066647 (Cal. App. 2018):

Cal.App.4th 1571, 1580 ["a suspicionless search pursuant to a probation search condition is not prohibited by the Fourth Amendment"]; People v. Balestra (1999) 76 Cal.App.4th 57, 68-69 [upholding a probation condition requiring submission to alcohol and drug testing at the discretion of the probation officer]; Lopez, supra 66 Cal.App.4th at pp. 628-629 [upholding a probation condition prohibiting association with known gang members].) As previously observed, reasonable probation conditions may infringe upon constitutional rights, provided the conditions are narrowly tailored to achieve legitimate purposes, such as fostering the probationer's rehabilitation or protecting the public. (Olguin, supra, Cal.4th at p. 384.)

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