In what circumstances will a police search of the mouth result in a search of a person's personal privacy and security?

Secondly, we note that "a search of the mouth does not damage a person's sense of personal privacy and security. Just as a blood test is a routine part of ordinary life [citation], so is an oral examination." (People v. Cappellia, supra, 208 Cal.App.3d at p. 1338, 256 Cal.Rptr. 695.) ³ The critical question then becomes "whether the procedure . used by the police threatened defendant's health or safety." (Ibid.) We conclude it did not.

[235 Cal.App.3d 564] The " 'application of force to a person's throat[,]' " as well as, perhaps, attempts to pry objects from his or her mouth, "is a dangerous and sensitive activity" and " 'is the type of force that, more than any other, is likely to result in violent resistance' [citation]...." (People v. Cappellia, supra, 208 Cal.App.3d at p. 1338, 256 Cal.Rptr. 695.) At the same time, "the application of such force is not ... per se unreasonable, excessive, or a threat to a defendant's health or safety." (Ibid.) As noted in People v. Cappellia, " 'it makes little sense to say that the minimal pressure necessary to prevent swallowing is excessive, particularly when it is considered that if the drugs are swallowed the defendant may be harmed by them and may have to submit to an even more disagreeable procedure for his own protection or for retrieval of the evidence.' [Citation.]" (Ibid.)