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Rochin v. California
''Rochin v. California'', 342 U.S. 165 (1952), was a case decided by the Supreme Court of the United States that added behavior that "shocks the conscience" into tests of what violates due process. This balancing test is often criticized as having subsequently been used in a particularly subjective manner.
==Background==
On July 1, 1949, three Los Angeles County deputy sheriffs entered the Rochin's residence without a search warrant and forcibly entered Rochin's room on the second floor.
Upon entering the room, the deputies noticed two capsules on the night stand. Rochin immediately swallowed the capsules after Deputy Jack Jones asked him, "Whose stuff is this?" Jones then grabbed and squeezed Rochin by the neck, as well as shoving his fingers in Rochin's mouth as he attempted to eject the capsules.〔(''People v. Rochin (1950) 101 CA2d 140'' )〕 The deputies, unable to obtain the capsules, handcuffed and took Rochin to Angeles Emergency Hospital where he was strapped to an operating table and had a tube forcibly placed in his mouth and into his stomach and given an emetic solution, whereupon he vomited the capsules into a bucket. The deputies then retrieved the capsules and tested them to be morphine.〔(''Ibid'' )〕 Subsequently, this was submitted as evidence, and Rochin was found guilty of violating California Health and Safety Code § 11500 as having an unlawful possession of morphine.
Rochin appealed his case on the basis that his rights, guaranteed to him by Amendments V and XIV of the United States Constitution and by Article I(1)(13)(19) of the California Constitution rendered the evidence inadmissible, and that the forced stomach pumping was unconstitutionally compelled self-incrimination. The appeals court denied his defense arguing that the evidence was admissible, despite the egregious behavior of the officers, as it was "competent evidence," and the courts are not allowed to question the means in which it was obtained. As the court wrote, "illegally obtained evidence is admissible on a criminal charge in this state."〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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