Summary
holding that a warrantless medical procedure, when authorized by officers acting in good faith "to prevent further harm," did not violate a detainee's rights
Summary of this case from Carbone v. SalemOpinion
No. 72-2567.
March 30, 1973.
John B. McAdams, Dallas, Tex., court appointed, for defendant-appellant.
William S. Sessions, U.S. Atty., Joel D. Conant, Asst. U.S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Western District of Texas.
Before WISDOM, GEWIN and COLEMAN, Circuit Judges.
The defendant, Owens, appeals from his non-jury conviction for possession of heroin in violation of 21 U.S.C. § 844(a).
There is no reason to explore the dimensions of "probable cause" in airport arrests and searches. Here Owens voluntarily agreed to accompany Customs Security Officer Harris to the office of Customs Patrol Officer Castro. Apparently Owens panicked, knocked down Castro, put a cellophane package in his mouth, and began to run away. At this point there was probable cause to arrest Owens and remove the package from his mouth. It was heroin.
Owens cannot complain that his rights were violated by his being taken to a hospital where a stomach pump was used to extract heroin. At the time he appeared to be unconscious or semi-conscious and the officers acted in good faith to prevent further harm to him. This case bears no resemblance to Rochin v. California, 1952, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183.
We hold, therefore, that the district court did not err in overruling the defendant's motion to suppress the evidence. See Rener v. Beto, 5 Cir. 1971, 447 F.2d 20.
The judgment is affirmed.