View Summary
United States of America Plaintiff-Appellee
vs.
Lawrence Michael Duff Defendant-Appellant
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Issues:
Drug test, corrections, policy and procedure, reasonable suspicion, Federal Probation Act.
Case Summary:
Lawrence Michael Duff, a probationer, appeals a lower court's decision to revoke his probation. Arguing reasonable suspicion, Duff's probation officer ordered him to submit to a three drug tests. Duff posted positive results in the three tests. Duff argued that his probation officer exceeded his authority, because drug testing was not included in the term's of Duff's probation.
Decision of lower jurisdiction:
The U.S. District Court for the District of Hawaii revoked Duff's probation, but granted a stay pending appeal.
Outcome:
Duff loses. The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the lower jurisdiction. The appeals court ruled that the probation officer had the authority to order drug tests without obtaining modification of the conditions of Duff's probation arrangement.