Rochin v. California

342 U.S. 165 (1952)

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Nature of the Case

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Facts

Police got 'some information that D was selling narcotics. Three deputy sheriffs went to D's dwelling house where he lived with his family. They found the outside door open, they entered and then forced open the door to D's room on the second floor. They found D sitting partly dressed on the side of the bed, upon which his wife was lying. On a 'nightstand' beside the bed, the deputies spied two capsules. When asked 'Whose stuff is this?' D seized the capsules and put them in his mouth. A struggle ensued, in the course of which the three officers 'jumped upon him' and attempted to extract the capsules. They failed due to D's resistance. D was handcuffed and taken to a hospital. At the direction of one of the officers, a doctor forced an emetic solution through a tube into Ds stomach against his will. This 'stomach pumping' produced vomiting. In the vomited matter were found two capsules which proved to contain morphine. D was convicted and sentenced to sixty days' imprisonment. The chief evidence against him was the two capsules. They were admitted over D's objection, although the means of obtaining them was set forth in the testimony by one of the deputies. The District Court of Appeal affirmed despite the finding that the officers 'were guilty of unlawfully breaking into and entering d's room and were guilty of unlawfully assaulting and battering D while in the room,' and 'were guilty of unlawfully assaulting, battering, torturing and falsely imprisoning D at the alleged hospital.' The Supreme Court of California denied D's petition for a hearing. The Supreme Court granted certiorari.