Does a Defendant have a right to refuse a blood test on the grounds it would violate his right against self-incrimination?
California, United States of America
The following excerpt is from El Dorado County v. Schneider, 183 Cal.App.3d 732, 228 Cal.Rptr. 531 (Cal. App. 1986):
8 Defendant had no right to refuse the court ordered blood test on the ground it would violate his right against self-incrimination (Schmerber v. California (1966) 384 U.S. 757, 760-"765 [86 S.Ct. 1826, 1830-"1833, 16 L.Ed.2d 908, 914-"916] ) or his right to privacy. (Shults v. Superior Court (1980) 113 Cal.App.3d 696, 699-"700, 170 Cal.Rptr. 297; see also People v. Bynon (1956) 146 Cal.App.2d 7, 303 P.2d 75.)
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