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So, what rights do teens who are younger than 18 have when it comes to drug tests? Guy Jinkerson, who practices criminal law in San Jose, broke it down for us:
AT HOME: Parents ``can do whatever they want -- search kids' rooms, check their e-mail and invade their privacy,'' Jinkerson said. If a parent wants to administer a urine drug test to their child, the teen can't protest any more than ``I don't have to go right now.'' And teens can't stop parents from submitting test results to police as evidence of drug use. Because the test was given by a private citizen instead of a law-enforcement official, there is no (legal) question of consent.
AT SCHOOL: A principal or other school official can't force a student to take a drug test. He or she can, however, call police to take over an investigation of a student who appears to be under the influence.
THE POLICE: Officers can't search your car or force you to take a drug test of any kind (blood, breath, urine) without probable cause.
IF YOU'RE CAUGHT: If you are prosecuted for drug use, the penalty for your first offense depends on the type of drug. Marijuana will most likely result in informal supervision by a probation officer. Harder drugs, such as methamphetamine, cocaine or hallucinogenic mushrooms, will probably result in court supervision and the fulfillment of certain requirements, including community service.