Rochin v. California

342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. 2d 183, 96 L. Ed. 183, 1952 U.S. LEXIS 2576, 25 A.L.R. 2d 1396
CourtSupreme Court of the United States
DecidedJanuary 2, 1952
Docket83
StatusPublished
Cited by3,266 cases

This text of 342 U.S. 165 (Rochin v. California) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. 2d 183, 96 L. Ed. 183, 1952 U.S. LEXIS 2576, 25 A.L.R. 2d 1396 (1952).

Opinions

[166]*166Mr. Justice Frankfurter

delivered the opinion of the Court.

- Having “some information that [the petitioner here] was selling narcotics,” three deputy sheriffs of the County of Los Angeles, on the morning of July 1, 1949, made for the two-story dwelling house in which Rochin lived with his mother, commonrlaw wife, brothers and sisters. Finding,the outside door open, they entered and then forced open the door to Rochin’s room, on the second floor. Inside they found petitioner sitting partly dressed on the side of the bed, upon which his wife was lying. On a “night stand” beside the bed the deputies spied two capsules. When asked “Whose stuff is this?” Rochin seized the capsules and put them in his mouth. A struggle ensued, in the course of which the three officers “jumped upon him” and attempted to extract, the capsules. The force they applied proved unavailing against Rochin’s resistance. He was handcuffed and taken to a hospital.' At the direction of one of the officers a doctor forced an emetic solution through a tube into Rochin’s stomach against his will. This “stomach pumping” produced vomiting. In the vomited matter were found two capsules which proved to contain morphine.

Rochin was brought to trial before a California Superior Court, sitting without a jury, on the charge of possessing “a preparation of morphine” in violation of the California Health and Safety Code, 1947, § 11,500. Rochin was convicted and sentenced to sixty days’ imprisonment. The chief evidence against him was the two capsules. They were admitted over petitioner’s objection, although the means of obtaining them was frankly set forth in the testimony by one of,the deputies, substantially as here narrated.

On appeal, the District Court of Appeal affirmed the Conviction, despite the finding that the officers “were [167]*167guilty of unlawfully breaking into and entering defendant’s room and were guilty of unlawfully assaulting and battering defendant while in the room,” and “were guilty of unlawfully assaulting, battering, torturing and falsely imprisoning the defendant at the alleged hospital.” 101 Cal. App. 2d 140, 143, 225 P. 2d 1, 3. One of the three judges, while finding that “the record in this case reveals a shocking series of violations of constitutional rights,” concurred only because he felt bound by decisions of his Supreme Court. These, he asserted, “have been looked upon by law enforcement officers as an encouragement, if not an invitation, to the commission of such lawless acts.” Ibid. The Supreme Court of California denied without opinion Rochin’s petition for a hearing.1 Two justices dissented from this denial, and in doing so expressed themselves thus: “. . . a conviction which rests upon evidence of incriminating objects obtained from the body of the accused by physical abuse is as invalid as a conviction which rests upon a verbal confession extracted from him by such abuse. . . . Had the- evidence forced from the defendant’s lips consisted of an oral confession that he illegally possessed a drug ... he would have the protection of the rule of law which excludes coerced confessions from evidence. But because the evidence forced from his lips consisted of real objects the People of this state are permitted to base a conviction upon it. [We] find no valid ground of distinction between a verbal confession extracted by physical abuse and a confession wrested from defendant’s body by physical abuse.” 101 Cal. App. 2d 143, 149-150, 225 P. 2d 913, 917-918.

[168]*168This Court granted certiorari, 341 U. S. 939, because a serious question is raised as to the limitations which the Due Process Clause of the Fourteenth Amendment imposes on the conduct of criminal proceedings by the States.

In our federal system the administration of criminal justice is predominantly committed to the care of the States. The power to define crimes belongs to Congress only as an appropriate means of carrying into execution its limited grant of legislative powers. U. S. Const., Art. I, § 8, cl. 18. Broadly speaking, crimes in the United States are what the laws of the individual States, make them, subject to the limitations of Art. I, § 10, cl. 1, in the original Constitution, prohibiting bills of attainder and ex post jacto laws, and of the Thirteenth and Fourteenth Amendments.

These limitations, in the main, concern not restrictions upon the powers of the States to define crime, except in the restricted area where federal authority has pre-empted the field, but restrictions upon the manner in which the States may enforce their penal codes. Accordingly, in reviewing a State criminal conviction under a claim of right guaranteed by the Due Process Clause of the Fourteenth Amendment, from which is derived the most far-reaching and most frequent federal basis of challenging State criminal justice, “we must be deeply mindful of the responsibilities of the States for the enforcement of criminal laws, and exercise with due humility our merely negative function in subjecting convictions from state courts to the very narrow scrutiny which the Due Process Clause of the Fourteenth Amendment authorizes.” Malinski v. New York, 324 U. S. 401, 412, 418. Due process of law, “itself a historical product,” Jackman v. Rosenbaum Co., 260 U. S. 22, 31, is not to be turned into a destructive dogma against the States in the .administration of their systems of criminal justice.

[169]*169However, this Court too has its responsibility. Regard for the requirements of the Due Process Clause “inescapably imposes upon this Court an exercise of judgment upon the whole course of the proceedings [resulting in a conviction] in order to ascertain whether they offend those canons of decency and fairness which express the notions of justice of English-speaking peoples even toward those charged with the most heinous offenses.” Malinski v. New York, supra, at 416-417. These standards of justice are not authoritatively formulated anywhere as though they were specifics. Due process of law is a summarized constitutional guarantee of respect for those personal immunities which, as Mr. Justice Cardozo twice wrote for the Court, are “so rooted in the traditions and conscience of our people as to be ranked as fundamental,” Snyder v. Massachusetts, 291 U. S. 97, 105, or are “implicit in the concept of ordered liberty.” Palko v. Connecticut, 302 U. S. 319, 325.2

The Court’s function in the observance of this settled conception of the Due Process Clause does, not leave us without adequate guides in subjecting State criminal procedures to constitutional judgment. In dealing not with the machinery of government but with human rights, the absence of formal exactitude, or want of fixity of meaning, is not an unusual or even regrettable attribute of constitutional provisions. Words being symbols do not speak without a gloss. On the one hand the gloss may be the deposit of history, whereby a term gains technical content. Thus the requirements of the Sixth and Seventh Amendments for trial by jury in the federal [170]*170courts have a rigid meaning.

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Bluebook (online)
342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. 2d 183, 96 L. Ed. 183, 1952 U.S. LEXIS 2576, 25 A.L.R. 2d 1396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rochin-v-california-scotus-1952.