My 12th grade Government teacher said that if a police officer reaches into your mouth by force to retrieve something illegal, then you cannot be charged with anything because its illegal for the police to do and the officer would be in trouble. Even if its drugs. Is this true?
2007-07-18 08:46:26 · 17 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes. I've reached into a mouth or two to grab dope I see in there.
The DA or public defender didn't have any problems with it, as the cases were prosecuted.
HS Government teachers are not the be all end all of law knowledge. Be careful following their version of th elaw.
2007-07-18 08:53:00 · answer #1 · answered by California Street Cop 6 · 4⤊ 0⤋
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2016-06-12 17:48:18 · answer #2 · answered by ? 3 · 0⤊ 0⤋
First off, the jaw is one of the strongest muscles in the body, and no one would be able to force it open without using a pry bar or something. However, they could plug your nose and prevent you from swallowing, and you would be force to either choke, or spit whatever out. Even if that is still considered illegal, they could still arrest you for resisting arrest, and take you to jail. Then, they could have an xray done to see what is in your belly, and if there is anything foriegn in there, they could get a court order to have it removed, and then charge you with whatever they find, it its drugs.
Basically, what I am saying it, if it is illegal to reach into your mouth, they have ways around it.
2007-07-18 08:54:05 · answer #3 · answered by George P 6 · 0⤊ 0⤋
no, it's not illegal. in fact, if they are swallowing crack, reaching into their mouth and taking it out may save the subject's life. I'm not a cop but i personally wouldn't stick my hand in someones mouth because people bite and it's a good way to contact a disease of some type.
2007-07-18 10:02:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your teacher is oversimplifying the matter.
It depends on if the police had probable cause to do so. If they believe you are trying to destroy evidence of a crime or harm yourself, then they can do it.
Of course, if I was a cop I'm not sticking my hand in someone's mouth because they may bite me. I'll put them on a toilet that is modified to catch anything coming out and wait.
2007-07-18 08:51:54 · answer #5 · answered by Rob B 7 · 3⤊ 0⤋
in simple terms ask the a lot of human beings in reformatory who have been caught with drugs of their mouth if it quite is genuine. All they want is probable reason. in the event that they ask you to open your mouth and you refuse - there is your probable reason
2016-10-09 00:25:47 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Here's one for you. My son's high school science teacher told his class that Bald Eagles were extinct. I had one heck of a time convincing my kid that it wasn't true. Now, thank goodness, Bald Eagles aren't even endangered anymore. YAY!
2007-07-18 09:49:44 · answer #7 · answered by Mary L 3 · 0⤊ 0⤋
your teacher does not know the law. they are indeed allowed to reach into your mouth if the suspect you are hiding something
2007-07-18 14:08:54 · answer #8 · answered by charlsyeh 7 · 0⤊ 0⤋
I'm not reaching into your mouth, you might bite my fingers off. if i know you have something illegal however, i am allowed to retrieve it. but hey, if you want to swallow the lethal dose of crack, go right ahead.
2007-07-18 08:56:26 · answer #9 · answered by Kevy 7 · 2⤊ 1⤋
If you are under arrest or they believe that you are about to destroy evidence than they can do anything that they want,Pretty much. But until then they can not.or it is considered unlawful search and seizure.
2007-07-18 08:55:42 · answer #10 · answered by firedup 6 · 0⤊ 0⤋