Is there any case law where a police officer used excessive force on a suspect's mouth to compel him to surrender the substance?

California, United States of America


The following excerpt is from People v. Allen, 150 Cal.Rptr. 568, 86 Cal.App.3d 948 (Cal. App. 1978):

The conduct of the officers in the instant case in no way descends to the level of "indignities" present in the cases relied on in my colleagues' opinions. "It is clear from a reading of these decisions, . . . that the courts were there concerned with condemning the excessive force exerted upon the individual rather than making the 'mouth' a sacred orifice into which contraband may be placed and thereafter disposed of in leisurely fashion. Although (I) agree that physical evidence, like verbal confessions, may not be 'tortured' from the lips of the accused, it does not follow that merely because a suspect has placed a substance behind his lips, he necessarily is entitled to cry 'sanctuary' when the officer of the law, under appropriate circumstances (as here), directs him to surrender it." (People v. Bass (1963) 214 Cal.App.2d 742, 746, 29 Cal.Rptr. 778, 780.)

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