In what circumstances will there be a violation of due process under the Fourteenth Amendment if a blood sample is taken from a patient while he is unconscious?
California, United States of America
The following excerpt is from People v. Conterno, 170 Cal.App.2d Supp. 817, 339 P.2d 968 (Cal. Super. 1959):
In Breithaupt v. Abram, supra, 1957, 352 U.S. 432, 435, 77 S.Ct. 408, 1 L.Ed.2d 448, affirming, Id., 58 N.M. 385, 271 P.2d 827, it was held there was no violation of due process under the Fourteenth Amendment in receiving in evidence an analysis of defendant's blood, taken from his veins while unconscious.
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