Scott

Facts

Scott was arrested for drug possession crimes under state law and released on his own recognizance. Among the condi- tions of his release was consent to “random” drug testing “anytime of the day or night by any peace officer without a warrant,” and to having his home searched for drugs “by any peace officer anytime[,] day or night[,] without a warrant.” 1 The dissent points to only two states whose supreme courts have addressed this issue: Maine and California. See dissent at 12807 (citing State v. Ullring, 741 A.2d 1065 (Me. 1999); In re York, 892 P.2d 804 (Cal. 1995)). It is unclear whether those cases would come out the same way today, as both were decided before United States v. Knights, 534 U.S. 112 (2001) (discussed in section 3 infra) and Ferguson v. City of Charles- ton, 532 U.S. 67 (2001) (discussed in section 2 infra). Further, the Califor- nia case involved a different procedural posture than our case, as it came up on habeas review rather than on direct appeal. See York, 892 P.2d at 806. Appellate courts in Indiana and the District of Columbia also have addressed the issue, with mixed results. See Steiner v. State, 763 N.E.2d 1024 (Ind. Ct. App. 2002); Harvey v.…