Rochin v. California
Supreme Court of the United States
342 U.S. 165, L.Ed. 183 (1952)
FACTS:
The police came in to Rochin house because he was suspected of dealing drugs.
Before the police could stop him he ingested drugs lying on the counter. The police
forcibly tried to remove the drugs and finally took him to a hospital and had his stomach
pumped. The evidence retrieved in this manor convicted him.
ISSUE(S):
Was Rochin deprived of his right not to incriminate his self? Yes
Was it an unlawful search and seizure? Yes
OPINION:
(Justice Frankfurter)
The court decided that this was an offensive act by the police to break in to his
house and to forcible remove the drugs from his stomach. They did not set guidelines for
the next case that appear that falls under the same category. The ruling from the original
trial was reversed.
CONCURRING OPINION(S):
(Justice Black)
Black believes that this case violated the defenses’ Fifth Amendment rights not to
self-incriminate your self. The forcing of the defendant to pump his stomach basically
incriminates him.
DISSENTING OPINION(S):
None.
EFFECT ON PRECEDENTS AND LATER CASES:
None.