1.A woman went to the physician with severe stomach pains. She was examined by a surgeon who, she stated, told her that her spleen was "hanging by a thread" from her collarbone. The surgeon recommended surgery to "build up ligaments" in her spleen. Following the operation, the surgeon informed her husband that it had been necessary to remove the spleen. The pathology report revealed no evidence of any disease in the spleen. The woman and her husband brought a cause of action against the surgeon for fraud. Should the court rule in their favor?

2.Charles Venner swallowed 24 or 25 balloons of hashish oil in Morocco, flew to New York, passed 5 balloons, went on to Baltimore, and was brought by friends to the emergency room of Sinai Hospital "euphoric, disoriented, and lethargic, but responding to verbal orders." While under observation, he passed in bedpans the remainder of the balloons, one broken. The hospital staff saved the balloons and turned them over to the Baltimore police without a warrant. Should the police require a search warrant to use the balloons as evidence in a cause of action for possession of an illegal substance with the intent to distribute?