State v. Kenneth Verpent

In March 2013, the American Civil Liberties Union of New Jersey filed an amicus brief regarding the Fourth Amendment obligations of police officers to obtain a warrant when seeking a urine sample from a person suspected of being under the influence of drugs. In New Jersey, warrantless searches are permissible in exigent circumstances, such as when police are in pursuit of an armed felon, where there is immediate danger to human life and where there is the likelihood that the evidence will be destroyed. The brief argues that there is no justification for a general rule that exigent circumstances always exist in these cases because the scientific evidence demonstrates that the majority of narcotics remain detectable in urine for more than a day. Thus, there is normally sufficient time for law enforcement officials to obtain a warrant for the drug test.

Current Status: This case has been argued before the Supreme Court of New Jersey and is awaiting a decision.

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