State v. Presler
Washington Court of Appeals
2015 Wash. App. LEXIS 1356 (2015)
- Written by Sean Carroll, JD
Facts
Rebecca Presler (defendant) was reported to the Washington Department of Social and Health Services Child Protective Services (CPS) for using methamphetamine while pregnant and around her young children. CPS required Presler to undergo substance-abuse treatment. When CPS learned that Presler had violated her treatment program, a search warrant was executed on Presler’s home. Later in the day, Nicole Reed, a CPS employee, took Presler to the hospital for a drug test. Presler failed the drug test, testing positive for methamphetamine. Washington state law required CPS employees to inform law enforcement any time a CPS employee had reasonable cause to believe that a child suffered from abuse or neglect. In accordance with the law, Reed reported the positive test to law enforcement. Presler was charged with possession of methamphetamine. Presler was convicted, and she appealed, arguing that the drug test should have been excluded from evidence based on the psychologist-patient privilege.
Rule of Law
Issue
Holding and Reasoning ()
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