Schmerber v. California

Schmerber v. California (1966)
the Supreme Court of the United States

Syllabus

Schmerber v. California, 384 U.S. 757 (1966), was a decision by the United States Supreme Court, which held that a State may, over the suspect's protest, have a physician extract blood from a person suspected of drunken driving without violating the suspect's Fifth Amendment to the United States Constitution rights. (The Court did not address the Fourth Amendment question because of a previous decision in Breithaupt v. Abram, 352 U.S. 432 (1957); however, that decision was based on the since over-ruled holding that the Fourth Amendment's exclusionary rule was not incorporated to the states by way of the Fourteenth Amendment.) Warning: template has been deprecated.

929165Schmerber v. California — Syllabusthe Supreme Court of the United States

Court Documents

Opinion of the Court

Concurring Opinion: Harlan

Dissenting Opinions: Warren; Douglas; Fortas

Wikipedia article

United States Supreme Court

384 U.S. 757

Schmerber v. California

Argued: April 25, 1966. --- Decided: June 20, 1966

Thomas M. McGurrin, Beverly Hills, Cal., for petitioner.

Edward L. Davenport, Los Angeles, Cal., for respondent.

Mr. Justice BRENNAN delivered the opinion of the Court.

Notes[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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Schmerber v. California

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