Schmerber v california case brief united states supreme court 384 us 757 (1966) issue: was it unreasonable for the police to force a blood sample to be taken at a hospital of d's blood to determine its alcohol content following being arrest for dui holding: no facts: d was arrested for dui at the hospital continue reading schmerber v.
Schmerber v california , 384 us 757 (1966), was a landmark  united states supreme court case in which the court clarified the application of the fourth amendment 's protection against warrantless searches and the fifth amendment right against self-incrimination for searches that intrude into the human body.
Case briefs thank you for registering as a pre-law student with casebriefs™ as a pre-law student you are automatically registered for the casebriefs™ lsat prep course. Schmerber had been arrested for drunk driving while receiving treatment for injuries in a hospital during his treatment, a police officer ordered a.
Schmerber v california, 384 us 757 the los angeles city attorney's office represented the state of california on appeal in their brief, scholars have described schmerber v california as a landmark case and a watershed moment in the history of fourth amendment jurisprudence. Facts of the case schmerber had been arrested for drunk driving while receiving treatment for injuries in a hospital during his treatment, a police officer ordered a doctor to take a blood sample which indicated that schmerber had been drunk while driving.
Case opinion for us supreme court schmerber v california read the court's full decision on findlaw not a legal professional on the brief were roger arnebergh and philip e grey ibid the leading case in this court is holt v. In this lesson, you will learn about the us supreme court case schmerber v california and its precedent for fourth amendment, fifth amendment.