Special Search Exception: Roadblock, Random Drug Testing & DNA Samples

Roadblocks, Random Drug Testing & DNA Testing

If you were arrested following a roadblock, a random drug test or a DNA sample, your rights may have been violated. NJ has adopted narrow circumstances allowing a search or seizure without a warrant, and you need to insure that the law has not been violated. The lawyers at our firm, the Law Offices of Jonathan F. Marshall can make certain that your defenses are properly enforced based on their over 100 years of collective experience. An attorney is ready to discuss the search issues involved in your Middlesex County, Passaic County, Union County, Monmouth County, Ocean County, Hudson County, Mercer County, Morris County case. A lawyer is available 24/7 at 1-877-450-8301.

The law in New Jersey strongly encourages use of warrants. In fact, a search is presumed invalid and unreasonable absent a warrant. There are exceptions to the Warrant Requirement, however, and one of them is what is referred to as the “special needs” exception. Where a special needs exception applies, New Jersey Search Law does not require any level of suspicion as a prerequisite to the related search. Examples of situations falling within this exception include Roadblocks, Random Drug Testing, and mandatory DNA Testing for convicted felons. The following discusses these varieties of warrantless search in more detail.

Roadblocks & Police Check Points

A roadblock inherently involves some level of search and seizure and, as such, touches on constitutional rights. Accordingly, NJ law has set up guidelines and requirements for setting up a roadblock so as to protect against unbridled use by police. The rules for roadblocks and automobile checkpoints insure that a location is selected based on objective statistical data and also require that the public be given appropriate notice of the detail. Absent strict adherence to procedures, a stop and ensuing seizure unless some other Automobile Search exception applies.

Random Drug Testing

The law in this state permits random drug testing by law enforcement for employment involving public safety. There are limits, however, to how the sample may be undertaken and the extent of its use. Drug Testing by police outside this exception require probable cause or some other basis absent issuance of a search warrant.

DNA Testing

All individuals convicted of a felony in NJ are required to provide a DNA sample. The sample is intended to be used for future law enforcement investigation and are otherwise confidential. Absent a conviction for a felony offense in New Jersey, DNA may not be obtained without the issuance of a Warrant.

Give us a call and one of our attorneys will be more than happy to answer your questions and provide you with the information you need. A lawyer is available now at 1-877-450-8301.