ferguson
et
al
city
charleston
et
argued
october
decided
march
fall
staff
members
charleston
public
hospital
operated
medical
university
south
carolina
musc
became
concerned
apparent
increase
use
cocaine
patients
receiving
prenatal
treatment
incidence
cocaine
use
among
maternity
patients
remained
unchanged
despite
referrals
counseling
treatment
patients
tested
positive
drug
musc
staff
offered
cooperate
city
prosecuting
mothers
whose
children
tested
positive
drugs
birth
accordingly
task
force
made
musc
representatives
police
local
officials
developed
policy
set
forth
procedures
identifying
testing
pregnant
patients
suspected
drug
use
required
chain
custody
followed
obtaining
testing
patients
urine
samples
provided
education
treatment
referral
patients
testing
positive
contained
police
procedures
criteria
arresting
patients
tested
positive
prescribed
prosecutions
drug
offenses
child
neglect
depending
stage
defendant
pregnancy
provisions
describing
substance
abuse
treatment
offered
women
testing
positive
policy
made
mention
change
prenatal
care
patients
prescribe
special
treatment
newborns
petitioners
musc
obstetrical
patients
arrested
testing
positive
cocaine
filed
suit
challenging
policy
validity
inter
alia
theory
warrantless
nonconsensual
drug
tests
conducted
criminal
investigatory
purposes
unconstitutional
searches
among
actions
district
instructed
jury
find
petitioners
unless
consented
searches
jury
found
respondents
petitioners
appealed
arguing
evidence
sufficient
support
jury
consent
finding
affirming
without
reaching
consent
question
fourth
circuit
held
searches
question
reasonable
matter
law
cases
recognizing
special
needs
may
certain
exceptional
circumstances
justify
search
policy
designed
serve
ends
held
state
hospital
performance
diagnostic
test
obtain
evidence
patient
criminal
conduct
law
enforcement
purposes
unreasonable
search
patient
consented
procedure
interest
using
threat
criminal
sanctions
deter
pregnant
women
using
cocaine
justify
departure
general
rule
official
nonconsensual
search
unconstitutional
authorized
valid
warrant
pp
musc
state
hospital
staff
members
government
actors
subject
fourth
amendment
strictures
new
jersey
moreover
urine
tests
issue
indisputably
searches
within
amendment
meaning
skinner
railway
labor
executives
furthermore
lower
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viewed
case
one
involving
musc
right
conduct
searches
without
warrants
probable
cause
must
assume
purposes
decision
tests
performed
without
patients
informed
consent
pp
hospital
seeks
justify
authority
conduct
drug
tests
turn
results
police
without
patients
knowledge
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case
differs
four
previous
cases
considered
whether
comparable
drug
tests
fit
within
closely
guarded
category
constitutionally
permissible
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searches
see
chandler
miller
see
also
skinner
von
raab
acton
cases
employed
balancing
test
weighing
intrusion
individual
privacy
interest
special
needs
supported
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invasion
privacy
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previous
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misunderstanding
purpose
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potential
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test
results
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third
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results
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need
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state
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needs
cases
also
provides
affirmative
reason
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fourth
amendment
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state
hospital
employees
like
citizens
may
duty
provide
police
evidence
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conduct
inadvertently
acquire
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undertake
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evidence
patients
specific
purpose
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patients
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obligation
make
sure
patients
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rights
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knowing
waiver
require
cf
miranda
arizona
pp
reversed
remanded
stevens
delivered
opinion
souter
ginsburg
breyer
joined
kennedy
filed
opinion
concurring
judgment
scalia
filed
dissenting
opinion
rehnquist
thomas
joined
part
ii
crystal
ferguson
et
petitioners
city
charleston
et
al
writ
certiorari
appeals
fourth
circuit
march
justice
stevens
delivered
opinion
case
must
decide
whether
state
hospital
performance
diagnostic
test
obtain
evidence
patient
criminal
conduct
law
enforcement
purposes
unreasonable
search
patient
consented
procedure
narrowly
question
whether
interest
using
threat
criminal
sanctions
deter
pregnant
women
using
cocaine
justify
departure
general
rule
official
nonconsensual
search
unconstitutional
authorized
valid
warrant
fall
staff
members
public
hospital
operated
city
charleston
medical
university
south
carolina
musc
became
concerned
apparent
increase
use
cocaine
patients
receiving
prenatal
response
perceived
increase
april
musc
began
order
drug
screens
performed
urine
samples
maternity
patients
suspected
using
cocaine
patient
tested
positive
referred
musc
staff
county
substance
abuse
commission
counseling
treatment
however
despite
referrals
incidence
cocaine
use
among
patients
musc
appear
change
four
months
later
nurse
shirley
brown
case
manager
musc
obstetrics
department
heard
news
broadcast
reporting
police
greenville
south
carolina
arresting
pregnant
users
cocaine
theory
use
harmed
fetus
therefore
child
nurse
brown
discussed
story
musc
general
counsel
joseph
good
contacted
charleston
solicitor
charles
condon
order
offer
musc
cooperation
prosecuting
mothers
whose
children
tested
positive
drugs
receiving
good
letter
solicitor
condon
took
first
steps
developing
policy
issue
case
organized
initial
meetings
decided
participate
issued
invitations
described
plan
prosecute
women
tested
positive
cocaine
pregnant
task
force
condon
formed
included
representatives
musc
police
county
substance
abuse
commission
department
social
services
deliberations
led
musc
adoption
document
entitled
policy
dealing
subject
management
drug
abuse
pregnancy
app
pet
cert
first
three
pages
policy
set
forth
procedure
followed
hospital
staff
pregnant
patients
suspected
drug
abuse
first
section
entitled
identification
drug
abusers
provided
patient
tested
cocaine
urine
drug
screen
met
one
nine
also
stated
chain
custody
followed
obtaining
testing
urine
samples
presumably
make
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results
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subsequent
criminal
proceedings
policy
also
provided
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referral
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abuse
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patients
tested
positive
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added
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enforcement
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provided
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olicy
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acknowledge
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women
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opportunity
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last
six
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patients
sign
well
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follow
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also
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woman
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person
age
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neglect
child
app
pet
cert
policy
police
instructed
interrogate
arrestee
order
ascertain
identity
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illegal
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provisions
describing
substance
abuse
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women
tested
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mention
change
prenatal
care
patients
prescribe
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treatment
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ii
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women
received
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cocaine
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arrested
initial
implementation
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offered
opportunity
receive
drug
treatment
alternative
arrest
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policy
modified
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failed
comply
terms
drug
treatment
program
tested
positive
second
time
respondents
include
city
charleston
law
enforcement
officials
helped
develop
enforce
policy
representatives
musc
petitioners
complaint
challenged
validity
policy
various
theories
including
claim
warrantless
nonconsensual
drug
tests
conducted
criminal
investigatory
purposes
unconstitutional
searches
respondents
advanced
two
principal
defenses
constitutional
claim
matter
fact
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consented
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matter
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searches
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justified
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purposes
district
rejected
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searches
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medical
university
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app
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submitted
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jury
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favor
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appealed
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evidence
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musc
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new
jersey
moreover
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tests
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staff
members
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railway
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chandler
miller
three
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edmond
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edmond
slip
fourth
amendment
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ferguson
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al
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life
health
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later
child
caused
cocaine
ingestion
infants
whose
mothers
abuse
cocaine
pregnancy
born
wide
variety
physical
neurological
abnormalities
see
chiriboga
brust
bateman
hauser
effect
fetal
cocaine
exposure
newborn
neurologic
function
pediatrics
finding
compared
unexposed
infants
infants
experienced
higher
rates
intrauterine
growth
retardation
smaller
head
circumference
global
hypertonia
coarse
tremor
extensor
leg
posture
prenatal
exposure
cocaine
also
result
developmental
problems
persist
long
birth
see
arendt
angelopoulos
salvator
singer
motor
development
children
age
two
years
pediatrics
concluding
two
years
age
children
exposed
cocaine
utero
exhibited
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less
fine
gross
motor
development
exposed
chasnoff
et
prenatal
exposure
cocaine
drugs
outcome
four
six
years
annals
new
york
academy
sciences
harvey
kosofsky
eds
finding
four
six
year
olds
exposed
cocaine
utero
exhibit
higher
instances
depression
anxiety
social
thought
attention
problems
delinquent
aggressive
behaviors
unexposed
counterparts
doubt
mother
ingesting
drug
cause
tragic
injury
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child
doubt
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carolina
impose
punishment
upon
expectant
mother
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regard
unborn
risks
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lifelong
damage
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state
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special
measures
give
rehabilitation
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mothers
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addiction
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acts
well
within
powers
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obligations
holding
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call
question
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mandatory
reporting
laws
child
abuse
laws
require
teachers
report
evidence
child
abuse
proper
authorities
even
arrest
prosecution
likely
result
turn
highlights
real
difficulty
case
comes
us
reputable
sources
confirm
see
farkas
training
health
care
human
services
personnel
perinatal
substance
abuse
drug
alcohol
abuse
reviews
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abuse
pregnancy
childhood
watson
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dept
health
human
services
substance
abuse
mental
health
services
administration
pregnant
women
must
accept
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medical
profession
adopt
acceptable
criteria
testing
expectant
mothers
cocaine
use
order
provide
prompt
effective
counseling
mother
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proper
medical
steps
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child
prosecuting
authorities
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procedures
discover
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prosecution
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cocaine
user
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arrests
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previous
cases
concerning
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person
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peagler
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code
ann
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child
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app
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use
cocaine
cause
fetal
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since
nfants
whose
mothers
abuse
cocaine
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born
wide
variety
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kennedy
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health
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months
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nurse
discovered
local
police
arresting
pregnant
users
cocaine
child
abuse
hospital
general
counsel
wrote
county
solicitor
ask
anything
medical
center
needs
assist
matter
app
south
carolina
law
requires
child
abuse
reported
see
code
ann
police
suggested
ways
avoid
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police
conjunction
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south
carolina
law
viable
fetus
historically
regarded
person
south
carolina
held
ingestion
cocaine
third
trimester
pregnancy
constitutes
criminal
child
neglect
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south
carolina
cert
denied
letter
dated
august
good
wrote
please
advise
us
office
anticipating
future
criminal
action
anything
medical
center
needs
assist
matter
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pet
cert
criteria
follows
prenatal
care
late
prenatal
care
weeks
gestation
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care
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placentae
intrauterine
fetal
death
preterm
labor
obvious
iugr
intrauterine
growth
retardation
obvious
previously
known
drug
alcohol
abuse
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congenital
anomalies
despite
conditional
description
first
category
policy
initial
stages
positive
test
immediately
reported
police
promptly
arrested
patient
instructions
read
search
warrants
issued
magistrate
proper
judicial
officer
permit
urine
screens
taken
warrant
issued
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violation
constitution
unless
defendants
shown
greater
weight
preponderance
evidence
plaintiffs
consented
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app
judge
instructions
order
find
plaintiffs
consented
searches
necessary
jury
find
consented
taking
samples
testing
evidence
cocaine
possible
disclosure
test
results
police
respondents
argued
justice
scalia
permissible
members
staff
public
hospital
use
diagnostic
tests
deceivingly
obtain
incriminating
evidence
patients
see
post
dissenting
opinion
term
special
needs
first
appeared
justice
blackmun
opinion
concurring
judgment
new
jersey
concurrence
justice
blackmun
agreed
limited
exceptions
requirement
reasonableness
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careful
balancing
governmental
private
interests
concluded
test
applied
exceptional
circumstances
special
needs
beyond
normal
need
law
enforcement
make
warrant
requirement
impracticable
ibid
subsequently
adopted
special
needs
terminology
ortega
plurality
opinion
griffin
wisconsin
concluding
limited
circumstances
search
unsupported
either
warrant
probable
cause
constitutional
special
needs
normal
need
law
enforcement
provide
sufficient
justification
see
also
vernonia
school
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majority
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district
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text
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petitioners
abandoned
title
vi
claim
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policy
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maternity
departments
musc
goal
arrest
patients
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treatment
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mother
unborn
child
app
pet
cert
finding
however
must
read
light
comment
district
respect
fourth
amendment
claim
searches
done
medical
university
independent
purposes
implicate
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amendment
obviously
point
page
normally
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screens
blood
tests
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thing
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health
care
providers
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worry
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amendment
reason
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amendment
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positive
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tests
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results
police
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post
however
special
needs
cases
routinely
treated
urine
screens
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state
agents
searches
within
meaning
fourth
amendment
even
though
results
reported
police
see
chandler
miller
vernonia
school
dist
acton
skinner
railway
labor
executives
treasury
employees
von
raab
respondents
contend
tests
searches
rather
argue
searches
justified
consent
special
needs
brief
respondents
argue
searches
entirely
suspicionless
brief
respondents
however
point
evidence
record
indicating
nine
search
criteria
apt
caused
cocaine
use
factor
malnutrition
illness
indigency
significantly
legal
argument
reasoning
majority
panel
opinion
rest
premise
policy
valid
even
tests
conducted
randomly
dissent
us
otherwise
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issue
consent
favor
respondents
appeals
discuss
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think
prudent
allow
resolve
legal
factual
issues
first
instance
express
view
issues
see
glover
national
collegiate
athletic
assn
smith
chandler
acton
skinner
von
raab
circumstances
state
hospital
employees
like
citizens
may
duty
provide
law
enforcement
officials
evidence
criminal
conduct
acquired
course
routine
treatment
see
code
ann
physicians
nurses
required
report
child
welfare
agency
law
enforcement
authority
person
professional
capacity
person
receives
information
child
abused
neglected
existence
laws
might
lead
patient
expect
members
hospital
staff
might
turn
evidence
acquired
course
treatment
patient
consented
surely
lead
patient
anticipate
hospital
staff
intentionally
set
obtain
incriminating
evidence
patients
law
enforcement
purposes
fact
previously
recognized
intrusion
expectation
may
adverse
consequences
may
deter
patients
receiving
needed
medical
care
whalen
roe
cf
poland
dombrowski
ager
sokol
punishing
pregnant
drug
users
enhancing
flight
care
drug
alcohol
dependence
chief
justice
recently
noted
special
needs
doctrine
used
uphold
certain
suspicionless
searches
performed
reasons
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law
enforcement
exception
general
rule
search
must
based
individualized
suspicion
wrongdoing
indianapolis
edmond
slip
dissenting
opinion
see
also
nn
infra
made
point
distinguishing
searches
carried
school
authorities
acting
alone
authority
conducted
conjunction
behest
law
enforcement
agencies
dissent
however
relying
griffin
wisconsin
argues
special
needs
doctrine
ordinarily
employed
precisely
enable
searches
law
enforcement
officials
course
ordinarily
law
enforcement
objective
post
viewed
context
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needs
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law
even
viewed
isolation
griffin
support
proposition
dissent
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needs
cases
tolerated
suspension
fourth
amendment
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probable
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requirement
part
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enforcement
purpose
behind
searches
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little
entanglement
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enforcement
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skinner
von
raab
acton
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decision
griffin
reserved
question
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routine
use
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scheme
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pretext
otherwise
impugn
administrative
nature
program
skinner
griffin
noted
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probation
officer
impartial
magistrate
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police
officer
normally
conducts
searches
ordinary
citizen
finally
agree
petitioners
griffin
properly
read
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fact
probationers
lesser
expectation
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public
large
skinner
railway
labor
executives
noted
fra
prescribed
toxicological
tests
assist
prosecution
employees
rather
prevent
accidents
casualties
railroad
operations
result
impairment
employees
alcohol
drugs
quoting
cfr
similarly
treasury
employees
von
raab
concluded
clear
customs
service
program
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needs
law
enforcement
test
results
may
used
criminal
prosecution
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without
employee
consent
vein
acton
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results
tests
disclosed
limited
class
school
personnel
need
know
turned
law
enforcement
authorities
used
internal
disciplinary
function
finding
searches
reasonable
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opinion
speaks
closely
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suspicionless
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term
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von
raab
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regular
needs
law
enforcement
skinner
von
raab
special
needs
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importan
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unless
one
considers
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probationers
operation
government
office
skinner
supra
especially
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precedents
proper
governmental
purpose
law
enforcement
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need
fourth
amendment
required
familiar
balancing
interest
individual
privacy
interest
chandler
miller
rehnquist
dissenting
emphasis
distinction
make
clear
contrary
hyperbole
dissent
view
reporting
requirements
clearly
bad
see
post
requirements
simply
issue
accordingly
police
organized
meeting
staff
police
hospital
laboratory
staffs
well
nurse
brown
police
went
concept
chain
custody
system
musc
staff
app
italicize
words
lest
reasoning
misunderstood
see
post
kennedy
concurring
judgment
none
previous
special
needs
cases
upheld
collection
evidence
criminal
law
enforcement
purposes
essential
point
justice
kennedy
extensive
entanglement
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enforcement
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reference
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fact
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enforcement
purpose
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enforcement
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michigan
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cases
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roadblock
seizures
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body
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indianapolis
edmond
slip
rehnquist
dissenting
deal
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lives
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claim
near
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medical
community
programs
sort
issue
discouraging
women
use
drugs
seeking
prenatal
care
harm
rather
advance
cause
prenatal
health
see
brief
american
medical
association
amicus
curiae
brief
american
public
health
association
et
al
amici
curiae
brief
naral
foundation
et
al
amici
curiae
fact
musc
staff
made
distinction
see
pl
exh
hulsey
coke
committee
use
medically
indicated
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methods
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whether
pediatricians
function
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enforcement
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chandler
miller
vernonia
school
dist
acton
skinner
railway
labor
executives
treasury
employees
von
raab
taking
urine
sample
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amendment
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doctors
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medical
staff
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police
came
agreement
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app
shows
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