Ferguson+v.+City+of+Charleston

Facts: Ferguson V. City of Charleston is a case were pregnant women at MUSC hospital were being tested for cocain. At first they sent them to get counseling then in the fall of 1988 the police started to arrest the women who were tested positive for cocaine. They said that it was child abuse. Then the MUSC hospital sent the women who were tested positive to the police instead of sending them to counseling. They tested certain women who had a backround of drug abuse. Soon after it started ten women went to federal court saying it was against there fourth amendment right to be free of unreasonable searches ans seizures. the supreme court ruled it lawfull because after you give that urine test its the hospitals property and they can do what they want with it.

Majority Opinion: It was not against there fourth amendment right. They gave there urine to the hospital after they do that its not there property. they gave it to the hospital and they can do as they want with it. The search is random and that makes it even more legal.

Dissenting Opinion: Urine is a waste product given to the hospital. It was not taken without the womens consent, therefore it is legal. They said " For a similar reason, there is no "search" involved in performing a urine screen because the women voluntarily provided it to the hospital and even if they had not, the women would have freely abandoned it anyway."