Ferguson v. Charleston, S.C. Essay

Ferguson v. Charleston, S.C. Essay

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In the case of Ferguson v. Charleston, S.C. the case was decided correctly. The Supreme Court’s ruling that the Medical University of South Carolina’s (MUSC)drug screening policy was a violation of the fourth amendment was the right decision because the search was indeed unreasonable (Ferguson v. Charleston (99-936) 532 U.S. 67 (2001)). MUSC had created a policy that required all pregnant women who were suspected for: lack of prenatal care, a known history of drug or alcohol abuse, intrauterine fetal death, or abortion placentae drugs, to be tested (Dubin, 1999, pg.279). In 1989, thirty pregnant women who tested positive in the tests, were reported for child abuse to the Charleston police. MUSC and the Charleston police department had created this policy which required pregnant women to be screened and, if they tested positive, prosecuted.
The MUSC policy violated the women’s fourth amendment right against unreasonable searches because the screenings were nonconsensual, they performed without a warrant, and the positive tests were turned over to the police. Under the fourth amendmen...

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