NCJ Number
145953
Journal
San Diego Justice Journal Volume: 1 Issue: 1 Dated: (Winter 1993) Pages: 207-226
Date Published
1993
Length
20 pages
Annotation
This article examines a new aspect of body-cavity searches that involve "body packers," individuals who smuggle drugs in their alimentary canals.
Abstract
Part One of this article examines past U.S. Supreme Court decisions that address bodily invasion. Part Two discusses United States of America v. Joseph Chukwubike. One issue addressed is whether government agents can detain a suspected body-cavity smuggler until the smuggler passes contraband. If so, how long can the smuggler be detained? Another issue is whether physicians can perform invasive medical procedures on suspects without their permission, if the detention puts the suspect's life at risk. A related issue is whether the government agents must obtain a search warrant based on probable cause to be present during these medical procedures. Balanced against the right to be free of unreasonable body searches is the government's need to stop the influx of drugs into the United States. To further this end, the U.S. Supreme Court has held that authorities can adjust their responses to the demands of any situation. Nonetheless, the line should be drawn when a person's body is involved. Although drug smugglers continue to use their bodies as containers to smuggle drugs past the border protections, the constitutional right to be secure in one's "person" is too vital to start making exceptions based on whose body it is or how it is being used. 111 footnotes