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Criminal Procedure Keyed to Chemerinsky
Schmerber v. California
Citation:384 U.S. 757 (1966)
Schmerber (Petitioner) was convicted of driving an automobile while intoxicated. The police required him to have blood withdrawn to be tested for alcohol content, even though Schmerber did not consent to the blood test, because his counsel advised him against it. The blood test indicated that Schmerber was intoxicated at the time he was driving. Schmerber argued that the withdrawal of his blood and the admission of hits analysis at trial violated his Fifth Amendment privilege against self-incrimination.
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