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United States v. Montoya de Hernandez: Difference between revisions
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|date=July 1, 1985 | |date=July 1, 1985 | ||
|appealed_from=9th Circuit | |appealed_from=9th Circuit | ||
|facts=A balloon swallower ("Rose") had from from Bogota, Colombia to the United States. She aroused the suspicion of the customs agents at the Los Angeles airport. | |facts=A balloon swallower ("Rose") had from from Bogota, Colombia to the United States. She aroused the suspicion of the customs agents at the Los Angeles airport. | ||
After being strip-searched, officers decided that Rose's midsection was full and stiff. At this juncture, she refused the request for an X-ray. | After being strip-searched, officers decided that Rose's midsection was full and stiff. At this juncture, she refused the request for an X-ray. | ||
Eventually, Rose excreted 88 balloons containing cocaine. | |||
Rose was detained in a hospital room for 16 hours. She was told that she would be only allowed to excrete in a wastebasket. | Rose was detained in a hospital room for 16 hours. She was told that she would be only allowed to excrete in a wastebasket. | ||
|arguments=Was it reasonable to detain Rose in a hospital for 16 hours and regulate her excretory routine? | |||
|holding=The hospital detention of Rose was valid because the customs agents had a '''reasonable suspicion''' that Rose was a balloon swallower. | |||
The Court wrote, "Detention for the period of time necessary to either verify or dispel the suspicion was not unreasonable." | |||
|reasons=Rose had refused the X-ray option; thus, it was permissible to detain her. | |||
|comments=This is the balloon swallower case. | |comments=This is the balloon swallower case. | ||
}} | }} | ||
Latest revision as of 03:43, July 14, 2023
| United States v. Montoya de Hernandez | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | July 1, 1985 |
| Appealed from | 9th Circuit |
Facts
A balloon swallower ("Rose") had from from Bogota, Colombia to the United States. She aroused the suspicion of the customs agents at the Los Angeles airport.
After being strip-searched, officers decided that Rose's midsection was full and stiff. At this juncture, she refused the request for an X-ray.
Eventually, Rose excreted 88 balloons containing cocaine.
Rose was detained in a hospital room for 16 hours. She was told that she would be only allowed to excrete in a wastebasket.Arguments
Was it reasonable to detain Rose in a hospital for 16 hours and regulate her excretory routine?
Holding
The hospital detention of Rose was valid because the customs agents had a reasonable suspicion that Rose was a balloon swallower.
The Court wrote, "Detention for the period of time necessary to either verify or dispel the suspicion was not unreasonable."Reasons
Rose had refused the X-ray option; thus, it was permissible to detain her.
Comments
This is the balloon swallower case.
