John Emilio Blefare and Donald Michel v. United States
Court of Appeals for the Ninth Circuit
1DissentEly, Circuit Judge
I dissent. The search procedure which my Brothers condone was, if not savage, so repugnant to the provisions of the Fourth and Fifth Amendments as to offend my judicial sensibility. That it was such as to “do more than offend some fastidious squeamishness or private sentimentalism” finds support in the recorded testimony of Agent Quinlan, the supervising officer, that during the procedure and when “they [the defendants] were retching and vomiting”, he himself suffered an “attack of nausea” and removed himself from the revolting scene.
*881Even if this prearranged medical procedure, at an office…
2Cases cited16 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- United States v. RabinowitzSupreme Court of the United States · 1950
- Breithaupt v. AbramSupreme Court of the United States · 1957
- Trupiano v. United StatesSupreme Court of the United States · 1948
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