United States v. Lawrence Michael Duff

Lawrence M. Duff appeals the district court’s order revoking probation. Duff pleaded guilty to one count of conspiracy to possess heroin with intent to distribute, in violation of 21 U.S.C. § 846 (1982). On June 27, 1983, he was sentenced to three years in custody with all but six months suspended, and he was sentenced to five years of probation, to begin upon his release from prison.

The conditions of probation required Duff to refrain from violating any laws and to follow the instructions of his probation officer. The probation officer’s instructions prohibited the purchase, possession or use of marijuana or narcotics. The instructions gave the probation officer the authority to search and seize Duff, but neither the probation conditions nor the instructions explicitly authorized drug testing.

On August 13, 1986, the probation officer ordered Duff to submit to a urine test for residual drug traces. The probation officer’s adjustment report indicates that she ordered drug testing because the following factors suggested that Duff was using drugs: (1) he was in poor financial condition; (2) he was not gainfully employed; (3) the police were suspicious of him because of his…