Question

According to Schmerber v. California (1966), blood may be taken from an unwilling subject is he/she:

Answer 1

Blood may be taken from an unwilling subject if:
- There is probable cause to believe that the suspect has committed a crime
- The blood sample is taken in a reasonable manner and is not excessively intrusive


It is important to also remember that the decision in the Schmerber v California case what is specific to the circumstances of that case, and this law may vary depending on the jurisdiction and the specific situation of the case.

There may be state laws and regulations in various areas that also limit or regulate the use of involuntary blood draws in criminal investigation.

Answer 2

According to the U.S. Supreme Court decision in Schmerber v. California (1966), blood may be taken from an unwilling subject if there is probable cause to believe that the person has committed a crime and that the taking of the blood sample is done in a medically approved manner and with minimal intrusion. The decision in Schmerber v. California established that the taking of a blood sample is a search and seizure under the Fourth Amendment, and therefore subject to the protections of the Constitution. However, the Court ruled that the taking of a blood sample did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures in this case because the taking of the blood sample was done in a reasonable manner and with a compelling governmental interest. The decision in Schmerber v. California set an important precedent for the use of blood samples as evidence in criminal trials, and it continues to influence the use of blood samples in criminal investigations today.

Step-by-step explanation: