Cooperation between Law Enforcement and State Hospitals in Warrantless, Nonconsensual Drug Testing of Maternity Patients Is Unconstitutional under the Fourth Amendment: Ferguson v. City of Charleston

Authors

Nicholas J. Zidik

Abstract

The United States Supreme Court held that a state hospital's policy of drug testing maternity patients without their consent, in conjunction with law enforcement, constitutes an unreasonable search prohibited by the Fourth Amendment to the United States Constitution; the state's interest in deterring pregnant women from drug use does not justify variance from the general rule that official nonconsensual searches are unconstitutional if not executed according to and accompanied by a valid search warrant.

Ferguson v. City of Charleston, 532 U.S. 67 (2001)

First Page

743

Recommended Citation

Nicholas J. Zidik, Cooperation between Law Enforcement and State Hospitals in Warrantless, Nonconsensual Drug Testing of Maternity Patients Is Unconstitutional under the Fourth Amendment: Ferguson v. City of Charleston, 40 Duq. L. Rev. 743 (2002).
Available at: https://dsc.duq.edu/dlr/vol40/iss4/8