Explain the two leading cases that address bodily intrusion during the course of a search

Question

What will be an ideal response?

Answer 1

A well-known example is Rochin v. California, 342 U.S. 165 (1952). In that case, the police had information that a man was selling narcotics. They entered his home and forced their way into his bedroom. When the police asked the man about two capsules that were lying on his bed, he put the capsules in his mouth. The officers could not successfully remove the drugs from the man's mouth, so they took him to the hospital, where his stomach was pumped. Drugs were found and the man was convicted in California state court for possession of morphine.

In another case considering a search through a surgical procedure, Winston v. Lee, 470 U.S. 753 (1985), the Supreme Court decided whether the government could require a bullet to be surgically removed from a suspected robber. The Court required not only that a warrant be obtained before allowing such an intrusion but also that the suspect's safety and privacy interests should be weighed against society's interest in capturing lawbreakers.