View Summary
STATE OF NEW JERSEY in the interest of J.G. N.S. and J.T.
Click Here to Read the Full Case Summary
Issues:
HIV testing, public policy, search and seizure, Fourth Amendment
Case Summary:
New Jersey state officials appeal a lower court's ruling concerning their efforts to subject three juvenile offenders to a mandatory HIV test. The three offenders, all under the age of sixteen, are charged with aggravated sexual assault against a ten-year-old girl. At the request of the victim's family, state officials have ordered all three defendants to undergo mandatory HIV testing. The defendants challenge the constitutionality of a state statute that allows the state to order the testing.
Decision of lower jurisdiction:
The Chancery Division of the Superior Court. declared the statute unconstitutional. The court ruled the statute violated protections against unreasonable searches. The state now appeals.