Court Cases

1 .Ferguson v . urban center of dance , 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 shaver yell , was at an dire rate at the Charleston creation infirmary operated by the Medical University of South Carolina (MUSC . The lag members at MUSC volunteered to help the city of Charleston to prosecute women who assay overconfident for cocaine charm with child(predicate) . There after(prenominal) Charleston solicitor Charles Codon organized a problem force that include representatives of MUSC , the constabulary , the County Substance corrupt foreign mission , and the Department of Social go , and which subsequently adopted a document entitled insurance M-7 that dealt with the Management of Drug Abuse During Pregnancy . The indemnity include the following provisions (1 ) procedures for identifying and interrogation pregnant patients suspected of practice of medicine use (2 ) a drawstring of custody to be followed when obtaining and examen patients urine samples (3 education and handling referral for patients testing positivist (4 guard procedures and criteria for overhearing patients who tried and true positive , and (5 ) prosecutions for pane of glass offenses or child swing . The indemnity neither provided for any changes in antenatal condole with of mothers who tested positive , nor sanction any particular interposition for these mothers babies . Petitioners , 10 mothers who received obstetric cargon at MUSC and who were bank checked after testing positive for cocaine , challenged the validity of polity M-7 alleging among others that the warrantless and nonconsensual dose tests for the purpose of criminal investigation constituted unconstitutional searches . Respondents , on the other hand allege that petitioners holded and the medicine tests were for surplus non-law-enforcement purposes . The set Court found in favor of the petitioners . On arouse , the Court of Appeals for the Fourth tour of duty affirmed the debase hail s decision , although ruled that the searches were reasonable under the redundant involve doctrine .

Petitioners raised the wooing by writ of certiorari to the Supreme Court on the issue of the validity of the searchesThe contiguous goal of the governing in conducting the drug tests is the eventual arrest and prosecution of those found positive for cocaine as potential in the roles and close engagement of the police and prosecutors in the policy although the ultimate goal whitethorn have been to give-up the ghost the mothers who tested positive into substance treat 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 that . The general rule on the unconstitutionality of a nonconsensual warrantless search applies in this case . The alleged oblige on of the city of use the threat of criminal sanctions to warn pregnant women from using cocaine can not rid the use of such searches that soften the Fourth AmendmentThe searches were found to be unreasonable because firstly , the judiciary assumed that the drug tests were do without the consent of the mothers . Secondly , the MUSC , creation a state hospital , whose staff members are government actors under the purview...If you want to get a full essay, order it on our website: Ordercustompaper.com

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