Cases holding that terms of bond or terms of probation which include non consumption of alcohol or mandatory drug testing are proper, when related to defendant’s rehabilitation, protection of the public or assuring defendant appearance in court

State v. Hirocke

State v. Hirocke, Wash. Court of Appeals, 3rd Div. 4/21/2021

Drug Court contract was not illusory because judge retained the sole discretion to determine if it had been violated.

People v. Howard

People v. Howard, 190 AD 3d 1108 – NY: Appellate Div., 3rd Dept. 2021

Improper waiver of appeal in drug court entry plea. See also People v. Miller, 190 AD 3d 1029 (2021).

Commonwealth v. Eldred

Commonwealth v. Eldred, 480 Mass. 90 (Mass. Supreme Judicial Court 2018).
“We conclude that, in appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug.”

People v. Bird

People v. Bird, Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2018 (not selected)

Upholding an electronic search condition of probation

US v Laurent

US v. Laurent, 861 F. Supp. 2d 71  (ED New York 2011)

Collecting cases where an indictee may also be subject to pre-trial release conditions that infringe upon his constitutional rights, provided that there has been an independent judicial determination that such conditions are necessary.

State v Doe

State v. Doe, 233 P.3d 1275 (Idaho 2010)

Requiring parents to undergo drug testing as part of daughter’s juvenile probation is a violation of the parent’s 4th Amendment rights.

Strickland v State

Strickland v. State, 300 Ga. App. 898, 686 S.E.2d 486  (2009)

Restrictions placed on Strickland’s driving privileges and the requirements that she install an ignition interlock device in her vehicle and submit to a DUI court evaluation are not punishment. Considering Strickland’s three prior convictions for driving while under the influence, these measures are rationally related to an alternative purpose as they are designed to prevent Strickland from being a danger to the community by committing future acts of driving under the influence while she was awaiting trial.

United States v Jordan

United States v. Jordan, 485 F.3d 982, 982 (7th Cir. 2007)

Holding that alcohol use restrictions as part of supervised release should be based upon need.

United States v Scott

United States v. Scott, 450 F.3d 863, 863 (9th Cir. 2006)

Government did not demonstrate a pattern of “drug use leading to nonappearance” in court, nor point to an individualized determination that Scott’s drug use was likely to lead to his nonappearance, thus drug testing as a condition of bond inappropriate.

Payne v State

Payne v. State, 615 S.E. 2d 564, 564 (Ga. Ct. App. 2005)

No alcohol as condition of probation upheld.

State v. Patton

State v. Patton, 119 P.3d 250, 250 (Ore. Ct. App. 2005)

Non consumption of alcohol as term of probation must be based on demonstrated need—here not met.

State v. Jakubowski

State v. Jakubowski, 822 A.2d 1193 (Maine 2003)

Requiring drug court as condition of post-conviction bond is statutorily permissible.

Commonwealth v. Williams

Commonwealth v. Williams, 801 N.E. 2d 804, 804 (Mass. App. Ct. 2004)

The judge at a probation surrender hearing could lawfully impose as a condition of probation that the defendant not consume or possess any alcohol during the term of his probation, where the condition was reasonably related to the goals of sentencing and probation.

Steiner v. State

Steiner v. State, 763 N.E. 2d 1024, 1024 (Ind. Ct. App. 2002)

Trial court must make an individualized determination that the accused is likely to use drugs while on bail before it is reasonable to place restrictions on the individual based on that contingency.

Carswell v. State

Carswell v. State, 721 N.E.2d 1255, 1255 (Ind. Ct. App. 1999)

Alcohol prohibition based upon rehabilitation needs of offender.

People v. Beal

People v. Beal, 70 Cal. Rptr. 2d 80, 80 (Cal. Ct. App. 1997)

“Based on the relationship between alcohol and drug use, we conclude that substance abuse is reasonably related to the underlying crime and that alcohol use may lead to future criminality where the defendant has a history of substance abuse and is convicted of a drug-related offense.” Thus, use of  alcohol prohibition proper probation condition.

Oliver v. U.S.

Oliver v. U.S., 682 A.2d 186, 192 (D.C. Cir. 1996)

Upholding drug testing conditions.

Martell v. County Court

Martell v. County Court, 854 P.2d 1327, 1327 (Colo. Ct. App. 1992)

Holding that if a condition of bail is to refrain from the use of alcohol or drugs, supervision may include drug or alcohol testing.

Berry v. Dist. of Columbia

Berry v. Dist. of Columbia, 833 F.2d 1031, 1035 (D.C. Cir. 1987)

If the trial court finds that drug testing and treatment are only required when there is an individualized determination that an arrestee will use drugs while released pending trial, then the District’s testing program will more likely than not be found reasonable. Individualized suspicion should be based on evidence of prior drug use, such as drug-related convictions or self-reported drug use.