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Legal Issues in Medicine
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Volume 344:1729-1732 May 31, 2001 Number 22

Testing Poor Pregnant Women for Cocaine — Physicians as Police Investigators
George J. Annas, J.D., M.P.H.

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In 1989, Supreme Court Justice Thurgood Marshall surmised that "declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens."1 The same year, in the midst of President George Bush's "war on drugs," the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police.2 At a time of high public concern about "cocaine babies," this program seemed reasonable to the university and local public officials. Drug-screening programs in . . . [Full Text of this Article]

The Policy of the Medical University of South Carolina

The Fourth Amendment

The Majority Decision of the Supreme Court

The Concurring and Dissenting Opinions

The Fourth Amendment and Physicians

Fetuses and the Court


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From the Health Law Department, Boston University School of Public Health, Boston.

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