Schmerber v. California Case Brief

Schmerber v. California, 384 U.S. 757 (1966)

FACTS: Schmerber was arrested for driving while intoxicated. He had been injured in a wreck and taken to the hospital. A police officer directed the hospital to take a blood sample, and that sample indicated the presence of alcohol. Schmerber argued that he had not agreed to have the blood drawn, and that the evidence violated his right against selfincrimination. The lower court upheld the conviction.

ISSUE: Is the introduction of physical evidence taken against a defendant’s will from their body admissible?

HOLDING: Yes

DISCUSSION: The Court found “[n]ot even a shadow of testimonial compulsion upon or enforced communication by the accused was involved either in the extraction or in the chemical analysis” of his blood. As such, the evidence was admissible.