Research

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Topics:
  • Fourth Amendment

Requiring parents to undergo drug testing as part of daughter’s juvenile probation is a violation of the parent’s Fourth Amendment rights.

Topics:
  • Due Process

The Court found that given the therapeutic component of problem-solving-court programs, each and every action taken in such a proceeding need not be a matter of record.

Drug Court, Juvenile Specialty Court
Probation Terms:
  • Mandatory Testing
  • Use Restrictions

Restrictions placed on the defendant’s driving privileges and the requirements that she install an ignition interlock device in her vehicle and submit to a Driving Under the Influence Court evaluation are not punishment.

Topics:
  • Waiver

Defendant may waive right to credit time as part of drug court agreement.

Drug Court
Topics:
  • Waiver

Defendant waived pre drug court incarceration credit to enter drug court program.

Drug Court
Topics:
  • Right to Diversion

Participation in drug court is discretionary and does not create a liberty interest; denial of entry not due process or equal protection violation.

Drug Court
Probation Terms:
  • Use Restrictions

Alcohol use restrictions and mandatory testing ordered as part of supervised release should be based upon need.

Drug Court
Topics:
  • First Amendment

A state supported non-coercive, non-rewarding faith based program violates the Establishment Clause of the First Amendment because an alternative was not available.

Drug Court
Topics:
  • First Amendment

A parole officer had lost qualified immunity because he forced Alcoholics Anonymous on a Buddhist defendant.

Drug Court

Because defendant voluntarily entered program, not entitled to pre-sentence credit for time spent in inpatient program.

Drug Court

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