Rochin v. California

Rochin v. California
CRIJ 2323-1002
Temple College

Abstract

Rochin v. California
The Fourth Amendment is blunt when it comes to warrants: and no Warrants shall issue, but upon presumptive cause, supported by Oath or affirmation, and particularly the berth to be searched, and the persons or things to be seized (Worrall, p. 100). The seizing of demo is oft a result of arrests and searches. The Supreme Court has been especially restricting with regard to bodily intrusions into the human body (Worral, p. 129), in the content of Richard Antonio Rochin, it all took place on July 1, 1949, when three Los Angeles officers barged into the residence of Rochin without a search warrant, because they had word that Mr. Rochin was selling narcotics. Upon entering the bedroom where Rochin was situated in the home, the officers noticed two capsules on the night stand, when Rochin was asked Whose throw is this? he immediately swallowed the capsules. One of the three officers forcibly essay to obtain the capsules out of Rochins mouth, but failed at the attempt; so they transported Richard Antonio Rochin to the local hospital where he was strapped down, and had his stomach pumped against his give; until he regurgitated the capsules.



The officers then processed the capsules and entrap them to be morphine. Upon their findings the officers submitted the capsules as evidence in Rochins case, where he was found guilty of violating Claifornias health and Safety Code of having an unlawful posession of morphine.
Now the issue arises evoke law enforcement forcibly extract evidence from ones body? Rochin was found guilty, and later appealed his case stating that his rights were protected under the Fourth and fourteenth Amendments of the Constitutuion. He argued that forced stomach pumping was self incrimination and that the evidence should have been inadmissable in court, in which it should have been because the Due surgical procedure Clause of the Fourteenth Amendment prohibits...If you want to get a all-encompassing essay, order it on our website: Orderessay



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