related portals: Supreme Court of the United States
sister projects: Wikipedia article, Wikidata itemSchmerber 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.
United States Supreme Court
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.
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).
Public domainPublic domainfalsefalse
