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Question
Case 11.3Jack has been released from confinement early and placed on probation. He found a job and rented an apartment in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie Stone. She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, "Sure, I have nothing to hide." Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is revoked.
Was Jack's drug test obtained lawfully?
a. Yes, Jack consented.
b. Yes, taking urine samples does not fall under the Fourth Amendment.
c. No, Stephanie lacked probable cause.
d. No, under the Fourth Amendment, taking urine samples for drug testing is aseizure and therefore would require a search warrant based upon probable cause.
Answer
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