Police officers noticed two capsules on top of Mr. Rochin's dresser table. They asked Mr. Rochin whose "stuff" is this. Mr. Rochin grabbed the capsules and put them in his mouth and swallowed the capsules. Mr. Rochin was handcuffed and taken to the hospital. At the direction of one of the officers, a doctor forced an emetic solution through a tube into Rochin's stomach against his will and without a search warrant. The stomach pumping produced vomiting. In the vomited matter were found two capsules, which proved to contain morphine. Mr. Rochin was charged and convicted of possession of illegal narcotics.

Did the police officer's order to pump Rochin's stomach for drugs "shock the conscience" and violate Rochin's due process rights?

Question 2- Plain view is an exception to the Fourth Amendment warrant requirement; it allows the police to seize an item without a search warrant under two conditions. First, the police officer is legally at the location. Second, the police officer has probable cause to believe that the object is evidence of criminal activity. Analyze, the following example:

The police responded to a gunshot and entered a rundown apartment without a warrant. The officers saw a brand new 70" television against a wall. One of the officers moved the television to obtain the serial number on the back. After obtaining the serial number, the officer determined that the television had been stolen.

Was the officer action of moving the television to obtain the serial number valid under the "plain view" search exception?

Answer rating: 100% (QA)

For the first question The police officers order to pump Rochins stomach for drugs indeed shocks the conscience and violates Rochins due process right... View the full answer