Case Brief 1 - evidence used against Rochin a. Police...

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Christopher Jewell Jan. 21 2008 CRJ-205 Case Brief I. Rochin v. California 342 U.S. 165 (1952) II. History: Rochin convicted on illegal possession of morphine. Trial admitted the evidence against Rochin. The California DCA affirmed conviction. California supreme court denied petition to rehear case III. Facts of the case a. Acts By Government officials: Three Sheriff deputies went it to Rochins dwelling, which the front door was open too, and saw two capsules lying on a “night stand.” When asked who they belonged to, Rochin stuck them in his mouth and after a struggle with officers, he swallowed them. He was then arrested and taken to a hospital where his stomach was then pump and he vomited and the two capsules were found and used against him in court. b. Objective Basis: Rochin was in violation of Health and Saaftey Code 1947, 11500 IV. Legal Question: Were the officers wrong in there way of obtaining the
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Unformatted text preview: evidence used against Rochin a. Police Officers b. the district court of appeal determined that the officers were guilty of unlawfully breaking into and entering defendants room and were guilty of unlawfully assaulting and battering defendant while in the room they were also guilty of unlawfully assaulting, bettering, torturing and falsely imprisoning the defendants at the hospital c. Due Process Clause V. Holding VI. Opinion a. Majority Opinion: The way the officers got the evidence was wrong. The officers illegally broke in to his home, opened his mouth, and illegally obtained the contents in his stomach b. Dissenting Opinion: c. Concurrence: They agreed that it was wrong but the reason it was wrong because it was a violation of the bill of rights more than a violation of the due process clause VII. Judgments: Reversed...
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