Monday, November 4, 2013

Schmerber v. California case brief

Schmerber v. California case brief summary
384 U.S. 757 (1966)

CASE SYNOPSIS
Certiorari was granted to review a decision of the Appellate Department of the California Superior Court, County of Los Angeles, which affirmed petitioner's conviction of driving an automobile while under the influence of intoxicating liquor.

CASE FACTS
Petitioner contended that the drawing of his blood for an alcohol analysis test without his consent denied him due process of law under the Fourteenth Amendment and violated his privilege against self-incrimination under the Fifth Amendment, his right to counsel under the Sixth Amendment, and his right not to be subjected to unreasonable searches and seizures in violation of the Fourth and Fourteenth Amendments. The state court affirmed the conviction and petitioner sought review.

HOLDING
The Court upheld petitioner's conviction.

DISCUSSION
  • It held that the privilege against self-incrimination protected an accused only from being compelled to testify against himself, or to otherwise provide the State with evidence of a testimonial or communicative nature, and that the withdrawal of blood and use of the analysis did not involve compulsion to these ends. 
  • The Court also held that the record showed no violation of petitioner's right to be free of unreasonable searches and seizures, because the arresting officer could have reasonably concluded that the delay in obtaining a warrant could result in the destruction or disappearance of evidence and because the test was conducted in a reasonable manner.

CONCLUSION

The Court affirmed the state court's judgment of conviction.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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