Winston v. Lee - Impact

The Lee decision established a limit to the power of a state to intrude into a person's body in the course of a criminal prosecution. Many intrusions are routine for criminal defendants and suspects. Depending on the case, a person may be ordered to relinquish hair, blood, saliva, or urine samples and submit to a complete physical examination. Just a few weeks after the High Court decided Lee's case, it heard a case dealing with an issue anticipated by Justice Burger: the detention of a criminal suspect for the purpose of extracting contraband from a normal bodily function. In United States v. Montoya de Hernandez (1985), the High Court upheld the 16-hour detention of a person suspected of smuggling drugs by swallowing them.