United States v. Montoya de Hernandez
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| 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.
