Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
United States v. Montoya de Hernandez: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
Lost Student (talk | contribs) m (Text replacement - "|case_treatment=No " to "") |
||
Line 3: | Line 3: | ||
|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. | ||
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.