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from Part II - The Feminist Judgments
Published online by Cambridge University Press: 31 March 2020
The Fourth Amendment recognizes “the right of the people to be secure in their persons … against unreasonable searches.” A reasonable search requires a warrant supported by probable cause, “special needs” unrelated to law enforcement, or consent. These requirements frame the dispute in Ferguson v. City of Charleston about the constitutionality of a policy under which healthcare providers reported obstetrical patients who tested positive for cocaine use to law enforcement officials who were empowered to arrest and detain them. The central question raised by the case was whether the Medical University of South Carolina (MUSC), a public hospital in Charleston, subjected its patients to reasonable searches within the meaning of the Fourth Amendment.
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