Legal Question in Civil Rights Law in Utah

Re: Stomach Pump--Conflicting Responses

As one of the people who answered, the answer to your follow-up is: maybe.

Stomach pumping is highly invasive, and usually the judge is going to want to know if the evidence can be obtained by simply waiting for it to come out the other end. There's no doubt about guilt at that stage, and if all the police have to do is wait 24 hours, then that's what they should do. Getting the evidence is covered by the laws of search and seizure and various members of the Supreme Court have already recognized 4th, 5th and 14th Amendment rights that need protection.

In the case of drugs, or something that could rupture and kill the person who swallowed it, the judge is likely to order the stomach pump 1) to get evidence which may dissipate in the digestive system and 2) to save the life of the person who swallowed it. The warrant requirement is thus prone to rubberstamping, but at least there is the appearance of judicial inquiry. If the defendant is on the ball and has an attorney waiting, s/he may be able to at least be able to challenge the warrant before it is executed upon.

Re: Stomach Pump--Conflicting Responses

A warrant is not needed if "exigent circumstances" are involved. Thus if the police believe that contraband was swallowed, which would be digested before a warrant could be obtained, the search would probably hold up. These questions are very fact specific, and the responses given are general in nature. Your friend should contact an attorney and discuss all of the facts if he wants an answer.