In Re Juveniles A, B, C, D, E

(concurring in part, dissenting in part) — I disagree with the majority's conclusion that AIDS testing of *99a sex offender is constitutionally valid even when that individual has not engaged in conduct capable of transmitting the virus. I would hold that AIDS testing of sex offenders is only permissible where there is probable cause to believe that an offense has been committed involving the transfer of blood, semen, or other bodily fluid capable of transmitting the AIDS virus.

In this case, the majority abandons one of the core elements of the Fourth Amendment, significantly diminishing the…