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.