What is the proper test for determining whether there was excessive force or excessive force used by the police to force a person to submit to the use of an emetic?

The correct approach in a case of this nature is to inquire, not whether any force was used, but whether the use of force was justified and, if so, whether the amount of force used was reasonable under all of the circumstances. Under this approach, as is true in any case where some police force is permissible, the police conduct can be scrutinized by an impartial and independent tribunal, and the right of society to protect itself against vicious drug traffic is balanced with the right of the individual to be free from police harassment and brutality. In other words, once accepting that the police, under proper circumstances, can require a person to submit to the use of an emetic, it becomes the duty of the courts to ascertain if the force used by the officers was 'aggressive beyond all need'; if so, the evidence seized should be suppressed. (People v. Kraft, 3 Cal.App.3d 890, 899, 84 Cal.Rptr. 280.)