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testing program, adapted as necessary to meet unique
unit and local situations. The specific types of urinalysis
testing and authority to conduct them are outlined as
follows.
Search and Seizure
Tests conducted with member’s consent. Members
suspected of having unlawfully used drugs may be
requested to consent to urinalysis testing. For consent
to be valid, it must be freely and voluntarily given. In
this regard, OPNAVINST 5350.4B provides that, before
requesting consent, commands should advise the
member that he or she is suspected of drug use and may
decline to provide a sample. A recommended urinalysis
consent form is shown in figure 4-3.
Probable cause and authorization.
Urinalysis
testing may be ordered, according to Mil.R.Evid 312(d)
and 315, whenever there is probable cause to believe
that a member has wrongfully used drugs and that a test
will produce evidence of such use. For example, during
a routine locker inspection in the enlisted barracks, you
find an open baggie of what appears to be marijuana
under some clothes in Petty Officer Doe’s wall locker.
Along with the marijuana you find a roach clip and some
rolling papers. You notify the CO of your find and he
sends for Doe. A few minutes later, Petty Officer Doe
staggers into the CO’s office-eyes red and speech
slurred. He is immediately apprehended and searched.
A marijuana cigarette is found in his shirt pocket. Under
these facts, a commander would have little trouble
finding probable cause to order that a urine sample be
given.
Probable cause and exigency. Mil.R.Evid 315
recognizes that there may not always be sufficient time
or means available to communicate with a person
empowered to authorize a search before the evidence is
lost or destroyed. While more commonly seen in the
operable vehicle setting, facts could give rise to support
an exigency search of a member’s body fluids.
URINALYSIS CONSENT FORM
I,
having been requested to provide a urine sample have
been advised that:
(1) I am suspected of having unlawfully used drugs;
(2) I may decline to consent to provide a sample of my urine for testing;
(3) If a sample is provided, any evidence of drug use resulting from urinalysis testing may be used
against me in a court-martial.
I consent to provide a sample of my urine. This consent is given freely and voluntarily by me, and
without any promises or threats having been made to me or pressure or coercion of any kind having been
used against me.
Signature
Date
Witness’ signature
Date
Figure 4-3.—Urinalysis consent form.
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