Here at our Kohlmeyer Hagen we tend to be very thorough when it comes to providing the best legal representation we can, which starts before you even walk through our doors. We prefer to talk to you personally, but if you feel that you have a question that you need answered before you give us a call, feel free to check our frequently asked questions below for the answer:
What is Forensic Toxicology?
Forensic Toxicology is the study of the ways in which drugs, chemicals, and other substances effect the human body. However, Forensic Toxicologists spend very little of their time studying, as they primarily work in crime labs, performing various scientific tests to determine whether or not a particular drug, chemical, or any other substances might have been a contributing factor(s) to a particular crime.
The most common substances in question are (1) alcohol, (2) illegal drugs, (3) prescription drugs, (4) poisons, (5) metals, (6) gases, and (7) other chemicals. Forensic Toxicologists are often employed in crime scene investigation.
Question 1: Can I refuse to submit to a urine test?
Yes and no. Refusal to submit to a urine test is illegal in the state of Minnesota, but only under certain provisions. One of these provisions, is being offered to take a blood test instead and vice versa. However, for example, if a person is suspected of abusing drugs while driving, and the suspect refuses to submit to any of the tests under Subdivision 2 of Minnesota Statute 169A.20, that is a crime in the state of Minnesota and can be severely punished.
Whether or not this remains a crime, the Minnesota Supreme Court ruled in State v. Netland that the criminal test-refusal statute in Minnesota does not result in an unconstitutional search. In other words, while you may be able to refuse to submit to a urine test, in most cases refusing a urine test will simply result in a higher charge, even if you ask for an alternative test.
Question 2: Can a urine test really reveal that I smoked marijuana?
Yes. However, as any Forensic Toxicologist would tell you, all the test proves is that the person(s) in question used marijuana sometime before the test was given. Marijuana can remain in a person’s body for days, even weeks in some cases.
Everyone’s body is different, but a basic rule to remember is that if you are not a regular user, the marijuana will likely be completely out of your system seven to ten days after use. However, if you are a regular user, the marijuana can and will probably take weeks to be completely removed from your system.
Question 3: Can they keep me stopped while they call in a drug dog to smell my car?
Yes. In Illinois vs. Roy Caballes (2005), The Supreme Court of the United States ruled that a drug dog, (also known as K-9 unit) may be called in to smell a person’s car. The Constitution does protect citizens from unreasonable search and seizures, but the operative word is reasonable. If an officer suspects that the presence of narcotics might be in play, and the traffic stop was lawful, that is all that is required to warrant a search of this nature.
Question 4: Why should I hire a private attorney instead of a public defender?
Whether or not to hire a private attorney instead of a public defender is usually based on your financial situation. If you can’t afford a private attorney then absolutely request a public defender.
