Dept. of Human Services v. A. M. B

“An administrative search is a recognized exception to the warrant requirement. In general, a search qualifies for the exception if it is conducted for a purpose other than law enforcement… typical examples include health and safety inspections and certain inventory searches of lawfully seized automobiles.” State v. B.A.H., Or App 203, 206, 263 P3d 1047 (2011)(quoting State v. Anderson, 304 Or 139, 141, 743, P2d 715 (1987)).

Mother appealed a denial by the juvenile court on her motion for unobserved urinanalysis testing in the underlying juvenile dependency case. Appellant assigned error to the juvenile court’s denial of her motion because it violated her rights to be free from unreasonable searches and her right to privacy and bodily integrity was overstepped. On appeal, Mother argued that the procedures requiring observed urinanalysis testing is unreasonable.  “An administrative search is a recognized exception to the warrant requirement. In general, a search qualifies for the exception if it is conducted for a purpose other than law enforcement… typical examples include health and safety inspections and certain inventory searches of lawfully seized automobiles.” State v. B.A.H., Or App 203, 206, 263 P3d 1047 (2011)(quoting State v. Anderson, 304 Or 139, 141, 743, P2d 715 (1987)). The Court found that Mother provided insufficient evidence of her contention that that it was unreasonable to require her to provide an observed urinanlysis. The Court held that Mother provided nothing to support the her contention of constitutional infringement other than her affidavit and unsworn statements by the parties’ lawyers. Affirmed.