5.4.1 The Criminal Search Setting: the Standard of "shocks the Conscience"

LibraryCriminal Procedure in Practice (ABA) (2018 Ed.)

5.4.1 The Criminal Search Setting: The Standard of "Shocks the Conscience"

The Due Process Clause was first used to exclude evidence from a state criminal trial in the search and seizure setting.50 The facts in this case were seen as "shocking to the conscience," in which a protesting defendant was taken to a doctor who forced an emetic solution into the defendant's stomach through a tube (see also Section 3.10). This induced the defendant to vomit, and the police found morphine capsules. The Supreme Court...

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