Legal Question in Criminal Law in Illinois

Legal Processes FInal Assignment

A lady is detained at O'hare airport because she fits the drug courier profile and is acting nervous. The customs agent believes that she has swallowed the drugs so she can transport them. She Is given the option to submit to an x-ray or to drink a laxative tea. She refuses. She is held for 24 hrs, after which she says she is thirsty. Customs gives her the option of the tea or go to a water fountain on the other end of the airport. She feels she has no choice, and drinks the tea. A bowel movement produces a balloon with heroine and she is charged with possession of a controlled substance.

Questions:

What is the lenght of time a customs agent can hold a person in custody for suspicion of possession of a controlled substance?

Is giving her the laxative tea against her 4th ammendment right?

Which case law can I refer to make my arguments?


Asked on 10/31/08, 10:35 am

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Legal Processes FInal Assignment

Read your case book for the cases to cite.

Length of time: a reasonable amount of time

4th amendment: wouldn't be much of an assignment if there wasn't an argument to say so

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Answered on 10/31/08, 10:44 am


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