Abstract

The United States Supreme Court, in its decision Ferguson v. City of Charleston,ruled that to conduct drug tests on pregnant women in public hospitals and to share that information with the police without obtaining a search warrant amounted to a violation of the women's constitutional rights under the Fourth Amendment. Set within the political context of public policy designed to monitor the activities of pregnant women and the ongoing incidence of prosecutions for ‘foetal abuse’,this note shows how the Supreme Court’s decision, while on the one hand vindicating the rights of pregnant women to be free from unlawful searches upon their person, does not definitively determine the important question of the extent to which the state may regulate women’s behaviour during pregnancy