Schmerber v. California
Significance, The Accident, Arrest, And Conviction, A Difficult Decision, Impact, Justice Abe Fortas
State of California
That the blood test administered during his hospital stay for injuries suffered from a traffic accident violated his Fifth Amendment right against providing self-incriminating evidence as well as his Fourth and Fourteenth Amendment rights against unreasonable searches and seizures.
Chief Lawyer for Petitioner
Thomas M. McGurrin
Chief Lawyer for Respondent
Edward L. Davenport
Justices for the Court
William J. Brennan, Jr. (writing for the Court), Tom C. Clark, John Marshall Harlan II, Potter Stewart, Byron R. White
Hugo Lafayette Black, William O. Douglas, Abe Fortas, Earl Warren
Date of Decision
20 June 1966
The Court found that the Fifth Amendment did not prohibit blood tests to determine intoxication levels, because the Fifth Amendment applies to only interrogation and testimony and because the results of blood tests constituted neither testimony nor evidence of a confession or other communicative act. In addition, the Court concluded that the blood test did not a constitute an unreasonable search and seizure given the circumstances.
- Boyd v. United States, 116 U.S. 616 (1886).
- Breithaupt v. Abram, 352 U.S. 432 (1957).
- Mapp v. Ohio, 367 U.S. 643 (1961).
- Malloy v. Hogan, 378 U.S. 1 (1964).
Paddock, Lisa. Facts About the Supreme Court of the United States. New York: H. W. Wilson and Company, 1996.
- Dees, Rusch O. "An Employer `Quick Fix.'" Management Solutions, November 1986, p. 12.
- Dripps, Donald A. "The Brennan Legacy." Trial, October 1997, p. 77.
- Wall, Patricia S. "Drug Testing in the Workplace: An Update." Journal of Applied Business Research, spring 1992, p. 127.
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- Schmerber v. California - Significance
- Schmerber v. California - The Accident, Arrest, And Conviction
- Schmerber v. California - A Difficult Decision
- Schmerber v. California - Impact
- Schmerber v. California - Justice Abe Fortas
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