United States v. Scott

Drug Court

United States v. Scott

Case Year: 
2006
State of Origin: 
Federal

The Court held that because the government failed to demonstrate that Nevada had special needs for obtaining the drug-testing release condition, it cannot justify the search—testing Scott for drugs without probable cause— using the pre-trial waiver approach.  The Court noted that it’s finding was limited to the facts of the case, “we hold only that the government has not made the requisite special needs showing in this case: It has not, for example, demonstrated a pattern of "drug use leading to nonappearance" in court, p. 870 supra, nor pointed to an individualized determination that Scott's drug use was likely to lead to his nonappearance. The government in this case has relied on nothing more than a generalized need to protect the community and a blanket assertion that drug-testing is needed to ensure Scott's appearance at trial. Both are insufficient.