Legal Opinion
South Dakota v. Neville
Supreme Court of the United States
Decided February 22, 1983No. 81-1453PublishedCited by 1,207 opinions
1Opinion of the CourtJustice O’Connor
Schmerber v. California, 384 U. S. 757 (1966), held that a State could force a defendant to submit to a blood-alcohol test without violating the defendant’s Fifth Amendment right against self-incrimination. We now address a question left open in Schmerber, supra, at 765, n. 9, and hold that the admission into evidence of a defendant’s refusal to submit to such a test likewise does not offend the right against self-incrimination.
I
Two Madison, South Dakota, police officers stopped respondent’s car after they saw him fail to stop at a stop sign. The officers asked respondent for his driver’s…
2Cases cited33 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Delaware v. ProuseSupreme Court of the United States · 1979
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3Cited by1,207 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Berkemer v. McCartySupreme Court of the United States · 1984
- Michigan v. LongSupreme Court of the United States · 1983
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Pennsylvania v. RitchieSupreme Court of the United States · 1987
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