Ferguson+v.+City+of+Charleston

Background: In the fall of 1988 at the Medical University of South Carolina there were concerns of more prevalent commonly called "crack babies". There had been an increase in cocaine use among pregnant women receiving prenatal care from MUSC. In the spring of 1989 MUSC came up with a written policy and started conducting urine screens on pregnant women. Women who tested positive before their 28th week of pregnancy would be charged with simple possession. If the woman tested positive the 28th week or later, she would be charged with possession and distribution to a person under the age of 18 (fetus). If the baby was delivered and the mother tested positive the mother would be charged with unlawful neglect of a child. The pregnant women felt that the nonconsensual drug testing was a violation their fourth amendment right. The district court found the women had consented and ruled for the city and hospital. On appeal the fourth circuit said the searches were justified as a matter of law by special non-law enforcement needs. The Supreme Court then agreed to hear the case.

Majority Opinion: 6 votes held that the tests taken from the pregnant women were an unreasonable search of the patient and had not consented to the procedure.

Dissenting Opinion: 3 votes held that it was not a "search" in this case and that the hospital didn't take the tests without their consent.