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United States v. Montoya de Hernandez
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| 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.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."Comments
This is the balloon swallower case.
