State v. Nelson
Held that community custody conditions requiring the criminal defendant submit to breath analysis (BA) and urinalysis (UA) testing to monitor compliance with conditions prohibiting use of alcohol and unprescribed drugs were supported by authority of law, and thus were constitutional under art. 1 sec. 7 of the Washington Constitution, which guarantees that “[n]o person shall be disturbed in [their] private affairs, or [their] home invaded, without authority of law.” The prohibitions on use of alcohol or drugs were statutorily authorized and did not have to be crime related to be imposed. The testing conditions, although intrusive, were narrowly tailored to State’s compelling interest in monitoring defendant’s compliance with conditions prohibiting drug and alcohol use to promote and assess defendant’s rehabilitation and protect the public.
Related Commentary
State Court Oral Arguments to Watch for in November: Criminal Law Edition
Issues on the dockets relate to the many ancillary consequences that can stem from criminal charges.