The U.S. Supreme Court declined Monday to consider a ruling that terminally ill patients have no right to be treated with experimental drugs not yet approved by the Food and Drug Administration -- even if that means the patient will likely die before the medicine is approved.

The court, without comment or recorded dissent, let stand a ruling by the U.S. Court of Appeals for the D.C. Circuit, which said the terminally ill have no constitutional right to drugs the agency had considered safe enough for additional testing.

The justices questioned whether evidence in criminal cases should be suppressed following arrests that violate state laws. At issue is the cocaine conviction of David Lee (Chubs) Moore, who was pulled over by Portsmouth, Va., detectives who suspected he was driving on a suspended license. Instead of sending Moore on his way after writing a court summons -- as required by Virginia law -- police arrested him and found crack cocaine in his jacket. The Virginia Supreme Court threw out the case and overturned his five-year prison term after concluding the search following his arrest was unconstitutional.