The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Tuesday, October 16, 1951
Decision: Wednesday, January 2, 1952

Advocates

Dolly Lee Butler (Argued the cause for the petitioner)
Howard S. Goldin (Argued the cause for the respondent)
A. L. Wirin (Argued the cause for the petitioner)

Facts of the Case

Rochin swallowed drug capsules to dispose of evidence. The police pummeled him and jumped on his stomach in a vain effort to make him throw up. They took him to a hospital where a doctor was instructed by the police officers to administer an emetic by forceably passing a tube into Rochin's stomach. He vomited the capules and was convicted on the basis of the evidence produced from his vomit.

Question

Did the police procedure forcing Rochin to vomit violate the Fifth Amendment privilege against self-incrimination and the Due Process Clause of the 14th Amendment?

Conclusion

The Court reversed the conviction. The police violated Rochin's right to due process of law. Due process was an admittedly vague concept, but it prohibited "conduct that shocks the conscience." This nebulous approach was mocked in a concurring opinion by Justice Black.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 8 - 0
Voted with the majority, authored a special concurrence
Douglas
Voted with the majority, authored a special concurrence
Black
Voted with the majority, authored an opinion
Frankfurter
Voted with the majority, joined Frankfurter's opinion
Jackson
Voted with the majority, joined Frankfurter's opinion
Burton
Voted with the majority, joined Frankfurter's opinion
Clark
Voted with the majority, joined Frankfurter's opinion
Reed
Did not participate
Minton
Voted with the majority, joined Frankfurter's opinion
Vinson

Cite this page

The Oyez Project, Rochin v. California, 342 U.S. 165 (1952),
available at: <http://www.oyez.org/cases/1950-1959/1951/1951_83/>
(last visited ).