Schmerber v. California is perhaps the foremost authority which establishes the following precedent: if a forced blood draw is made in a safe manner and in a medically approved setting, the blood sample is admissible as evidence in a court of law. In other words, if a DUI suspect refuses to give a breath or blood test after they are taken to the police station, and physically resists the police and/or medical personnel administering the test, his or her blood may be forceably taken as long as the DUI suspect is safely held down and the blood is taken in a medically approved manner.
The Los Angeles police found Schmerber at an accident scene and smelled alcohol on his breath. The police also noticed other symptoms of intoxication both at the scene and at the hospital and decided to arrest him for drunk driving. They informed him of his right to have a lawyer present, to remain silent, and to have a lawyer appointed, if he could not afford one. While Schmerber was in the hospital, the police ordered a blood test to determine if Schmerber was intoxicated, even though Schmerber refused based on advice from his lawyer. The test revealed Schmerber was drunk at the time of the accident and the trial court admitted the test as evidence.
Schmerber was convicted and appealed the decision. Citing numerous constitutional right violations, he arguing that the blood test was administered against his will and its use as evidence obstructed due process of law granted by the Fourteenth Amendment. He contended that it also violated his right to refuse to provide self-incriminating evidence under the Fifth Amendment, and subjected him to unreasonable searches and seizures, violating his Fourth and Fourteenth Amendment rights.
The Appellate Department of the California Superior Court agreed with the lower court, rejecting Schmerber’s arguments and upholding his conviction. Finally, Schmerber petitioned the U.S. Supreme Court, still maintaining the police violated numerous constitutional rights. It was there that the U.S. Supreme Court stated that forced blood draws were in fact legal, as long as they were done in a safe, medically approved manner.
Read more: Schmerber v. California – The Accident, Arrest, And Conviction http://law.jrank.org/pages/23830/Schmerber-v-California-Accident-Arrest-Conviction.html#ixzz0ghSkZh6J
