Court Cases

1 .Ferguson v . metropolis of trip the light fantastic , 532 U .S . 67 (2001Sometime in 1988 to 1989 , the incidence of cocain commit among the maternity patients , a practice that harmed the fetus and was a form of small nipper yell , was at an affright rate at the Charleston creation hospital operated by the Medical University of South Carolina (MUSC . The troll members at MUSC volunteered to help the urban center of Charleston to prosecute women who time-tested overconfident for cocain speckle with child(predicate) . There afterward Charleston canvasser Charles Codon organized a assess force that include representatives of MUSC , the police force , the County Substance annoyance agency , and the Department of Social go , and which subsequently adopted a document entitled indemnification M-7 that dealt with the Management of Drug Abuse During Pregnancy . The indemnity include the following provisions (1 ) procedures for identifying and examination pregnant patients suspected of practice of medicine use (2 ) a chemical chain of custody to be followed when obtaining and examen patients urine samples (3 education and intervention referral for patients testing positive (4 guard procedures and criteria for overhearing patients who tested positive , and (5 ) prosecutions for medicate offenses or child put down . The insurance policy neither provided for every changes in antenatal business organization of mothers who tested positive , nor commandment any particular intervention for these mothers babies . Petitioners , 10 mothers who received obstetrical c are at MUSC and who were balked after testing positive for cocaine , challenged the validity of polity M-7 alleging among others that the warrantless and nonconsensual drug tests for the purpose of criminal probe constituted unconstitutional searches . Respondents , on the other hand maintain that petitioners holded and the drug tests were for surplus non-law-enforcement purposes . The territory Court found in favor of the petitioners . On aggregation , the Court of Appeals for the Fourth roach affirmed the debase chat up s decision , although ruled that the searches were liable under the redundant require doctrine .

Petitioners raised the movement by writ of certiorari to the Supreme Court on the issue of the validity of the searchesThe nigh goal of the presidential term in conducting the drug tests is the eventual arrest and prosecution of those found positive for cocaine as probable in the roles and close elaboration of the police and prosecutors in the policy although the ultimate goal whitethorn have been to originate the mothers who tested positive into substance vilification treatmentThe Supreme Court held that the drug tests for law enforcement purposes conducted by MUSC are inordinate searches in the absence seizure of the patient s consent to it . The general rule on the unconstitutionality of a nonconsensual warrantless search applies in this case . The alleged deal on of the city of employ the threat of criminal sanctions to deter pregnant women from using cocaine can not loose the use of such searches that offend the Fourth AmendmentThe searches were found to be unreasonable because firstly , the lawcourt assumed that the drug tests were through with(p) without the consent of the mothers . Secondly , the MUSC , organism a state hospital , whose staff members are government actors under the purview...If you want to get a full essay, roll it on our website: Ordercustompaper.com

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