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United States v. Owens

United States Court of Appeals, Fifth Circuit
Mar 30, 1973
475 F.2d 759 (5th Cir. 1973)

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. Salem

Opinion

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.


Summaries of

United States v. Owens

United States Court of Appeals, Fifth Circuit
Mar 30, 1973
475 F.2d 759 (5th Cir. 1973)

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. Salem

finding a search justified where "the officers acted in good faith to prevent further harm to [the defendant]"

Summary of this case from U.S. v. Husband

finding force stomach pumping constitutional to respond to medical need and not to gather evidence

Summary of this case from Spotsville v. Miller
Case details for

United States v. Owens

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. CURTIS LEROY OWENS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 30, 1973

Citations

475 F.2d 759 (5th Cir. 1973)

Citing Cases

United States v. Winstanley

See especially, United States v. Moreno, 475 F.2d 44 (5th Cir., 1973). See also, United States v. Owens, 475…

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