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Constitutional Law Keyed to Choper
Schmerber v. California
Citation:
384 U.S. 757 (1966)Facts
Armando Schmerber was involved in an automobile accident after drinking at a tavern. He was taken to a hospital for treatment of injuries. The police officer who arrived at the scene noticed signs of intoxication, including the smell of alcohol on Schmerber’s breath and bloodshot, watery eyes with a “glassy appearance.” At the hospital, the officer placed Schmerber under arrest for driving under the influence and informed him of his rights. Despite Schmerber’s refusal to consent to a blood test on advice of counsel, the officer directed a physician to take a blood sample. The analysis revealed a blood alcohol level indicating intoxication, and this evidence was admitted at trial. Schmerber objected, claiming violations of his due process rights, privilege against self-incrimination, right to counsel, and protection against unreasonable searches and seizures.
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