Although the Supreme Court did not make the Fifth Amendment or the exclusionary rule binding on the states, it held that evidence obtained in a shocking and grossly unfair manner cannot be used in a criminal trial.
Based on information that Antonio Rochin was selling drugs, the police entered his home without obtaining a search warrant. After observing Rochin swallow two capsules, the police rushed him to a hospital, where a doctor used an emetic solution and a stomach pump to force him to vomit the pills into a pail. The pills, which contained morphine, were used as evidence in his trial. He was found guilty and sentenced to sixty days in jail.
By an 8-0 vote, the Supreme Court overturned Rochin’s conviction. Speaking for a majority, Justice Felix Frankfurter
The Court finally ruled that the Fifth Amendment applied to the states in Malloy v. Hogan
Due process, procedural
Malloy v. Hogan
Mapp v. Ohio
Palko v. Connecticut
Search warrant requirement
Self-incrimination, immunity against