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Nova

Well so things aren't so good. Me and a couple of friends decided to climb on top of a roof of a school and walk around, smoke a little, and just sit and chill. I guess someone walking the track called the cops because almost as soon as we got up the cops showed up. We were like umm ok and got down, thinking if we played it cool we would be fine. The cops had nothing to do, so they decided to nail us with trespassing. We were very polite and got down without them comming up so we wern't handcuffed and brought in.

Here is where the trouble starts... see the cops didn't find anything on us but he "suspected" we smoked pot becuase we looked a little red eyed and cotton-mouthed. He said we are only getting charged for trespassing. As his buddy was writing all the junk down he gave us the ol' don't smoke pot speech and told us that we may have to turn in some sort of drug tests to go along with our diverson/probation.

The problem with drug tests is I have pauresis, a social phobia that makes it impossible for me to pee when anyone is around me. I've already been on diversion once (for pot) and it was obviously a nightmare. Imagine being a very nervous person but all you have to do to pass a lie detector test was to sit and be calm. Then imagine someone putting a gun to your head and tell you if you fail you go to jail. Every day was hell thinking about having drinking a godly amount of water and being in immense pain waiting up to 2 hours just to try to turn in a test. If I don't drink tons and tons of water, even if I stand there all day, nothing comes out and I go to jail.

So my bottom line question is, if I am charged with trespassing with a little note in the report about a "suspicion" of using marijuana, will I have to turn in any urine samples or did he say that to scare us?

 

HappyMan

Are you on Probation? If so, I believe it is up to who ever supervisors the probation...

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Nova

I'm not currently on probation but I was on diversion but I completed it so it is off my record.

HappyMan

I think they were probaly trying to scare you. But they could test you if they suspect use, as in driving under the influence. But for some kids up on a roof, no, that seems like a bit much. But of the thing is, they *could* choose to.

Nova

I don't want to make this into a bigger deal than it is, but even *if* they chose to test (we wern't driving so no DUI worrys), would I be able to get a lawyer to say that the suspicion had nothing to do with the charge?

-edit- What I mean is, if in the comments section of a report for another crime (very minor at that) has anything about suspected use (just eyes and throat), they search and find nothing, is it technically legal to ask for drug tests? I know the DA could throw some BS at me (haven't gone to court, i have to wait for a response), but if I took it to court, wouldn't I be able to prove that the suspicion had no link to the crime so it is invalid to punish according to suspicion? Eather of you coppers herd of something like this?

Im going to some behavior psychologist about the pee problem just to be safe so I don't have to re-live that nightmare. If anyone else has a problem peeing around people, check out http://www.paruresis.org/.

 

HappyMan

I lawyer would only help after the fact, fighting the results of the test. But I wouldn't worry. Unless you live in a small town with a low workload, the police have moved onto to more important things.

IceFire

How old are you?

And how much did you smoke and how long has it been since you smoked?

And did you smoke regularly or was it a while since before that rooftop smoke?

All I'm getting at is if you only smoked enough to get you stoned or whatever that one day after a long period of not smoking, then you should be safe after a few days provided you drink plenty of water and some juices too. You want to clean out your system as much as possible before the test. Piss alot.

I don't know your legal situation, but if you are a minor, they may be able to do whatever they want to you. But it will still be a cleared record once you turn 18.

Nova

Just wondering if someone can confirm this. As far as I know they drug test when your arrested for a drug charge and then add drug testing as an agreement to get the charge drop (probation). Then besides that they can make you turn in a drug test for public intoxication/ dui to see if you were under the influence and endangering other people. Besides that, like in my case if I only got charged with trespassing and nothing else (not even a little check mark that said suspected use, we were really nice) but the police comments say i looked high, they can't/won't drug test me because it is not illegal to be high. Am I right on this?

fdasystem

no, a lawyer could stop the tests. don't worry and dont take any drug tests unless you have talked it over with a lawyer. they have no right to take a drug test. but that doesn't matter to some.