Constitutional Law: Supreme Court Delineates the Relationship Between the Fourth and Fifth Amendments

Abstract

In Schmerber v. California the Supreme Court reaffirmed the admissibility of blood test evidence procured without consent of the accused. Rejecting petitioner's fourth and fifth amendment claims, the Court utilized a refined definition of the privilege against self-incrimination in determining the reasonableness of intracorporeal search and seizure. Moreover, the approach taken by the majority arguably presages the demise of the mere evidence rule.