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Schmerber v. California

United States Supreme Court

384 U.S. 757 (1966)

Relevant factsFree

After Armando Schmerber (defendant) crashed his car and injured himself and a passenger, an officer who smelled alcohol and observed bloodshot, glassy eyes at both the accident scene and later at the hospital directed a doctor to draw Schmerber's blood over his express refusal, and the resulting analysis showing intoxication was admitted at his DUI trial despite his Fifth and Fourth Amendment objections. Schmerber was convicted, and the appellate court affirmed before the Supreme Court granted certiorari.

IssueFree

Whether the admission of evidence gathered by forcing a suspect to submit to a blood test violates the Fifth Amendment privilege against self-incrimination, and whether the exigent-circumstances exception to the Fourth Amendment's warrant requirement allows officers to draw a suspect's blood without a warrant when they reasonably believe delay would lead to destruction of the evidence.

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