This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Schmerber v. California
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Schmerber v. California | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 20, 1966 |
Facts
Schmerber crashed his car while intoxicated. After the accident, police officers had medical staff draw blood from his car without his consent. The alcohol test proved that he had been driving under the influence of alcohol.
Arguments
Schmerber argued that using his blood against him violated his 5th Amendement right against self-incrimination. He had never consented to have his blood drawn.
