In Re York

Opinion

GEORGE, J.

We granted review in this case to determine whether, in making the decision to release an accused from custody on his or her own recognizance (OR) prior to judgment, a court or magistrate may condition such release upon the defendant’s agreement to submit to random drug testing and warrantless search and seizure during that period. Petitioners maintain that the imposition of such conditions is not permitted by the statutory provision governing OR release, and, in any event, violates various constitutional guarantees.

For the reasons set forth below, we conclude that neither…