Ignoring the question as to whether there was evidence that consent had actually been given, the Fourth Circuit Court of Appeals issued a two-to-one decision that disclosure of urine drug screening results did not require the patient's consent, because such disclosure represented a special-needs exception to the Fourth Amendment that had been established by prior case law. In a six-to-three decision, the U.S. Supreme Court reversed the Fourth Circuit, finding that "A State hospital's performance of a diagnostic test to obtain evidence of a patient's criminal conduct for law enforcement purposes is an unreasonable search if the patient has not consented to the procedure." The case was remanded for a determination of whether consent had occurred. It is important to note the limitations of the "Ferguson" decision as it applies to the prosecution of women for drug use during pregnancy. In a concurring opinion, Justice Kennedy upheld the right of the State to pursue the prosecution of pregnant women who abuse drugs. He stated, "There should be no doubt that South Carolina can impose punishment upon an expectant mother who has so little regard for her own unborn that she risks causing him or her lifelong damage and suffering." 20 references