Week in Review : MAJOR EVENTS, IMAGES AND PEOPLE IN ORANGE COUNTY NEWS. : COURTS : Swallowed Heroin Is Not Allowed as Evidence
Two years ago, La Habra police, armed with a search warrant, began to search Maurice A. Jauregui’s motel room.
But as Jauregui was standing outside, he seemed to swallow something. Police thought it might be one or more balloons containing heroin, so they took him to a nearby hospital, telephoned a judge to obtain permission to search Jauregui, then had doctors administer syrup of ipecac, a solution that induces vomiting.
Out came five balloons containing heroin, police said, and Jauregui, 46, was charged.
Last week, the 4th District Court of Appeal ruled that the balloons may not be used as evidence against Jauregui. The judge who had given permission to search the suspect had not specified permission to induce vomiting, the court said.
“Any non-consensual intrusion into the sanctity of the body requires circumspect adherence to the letter of the law,” the court ruled.
The ruling probably will preclude a trial of Jauregui, since the balloons were the only evidence against him produced by police.
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