Can a police officer obtain a blood sample from a patient in hospital for evidence purposes?

The practice of seizing samples of blood for use in evidence has also been challenged in the United States as being an unreasonable search and seizure in violation of the Fourth Amendment to the American Bill of Rights. In Schmerber v. California, 384 U.S. 757, the accused was placed under arrest while in hospital following an accident. At the police officer’s direction a physician took a blood sample from the accused notwithstanding his refusal to consent. It was found that the police officer had acted lawfully and that the seizure was reasonable since it was an effective way of determining intoxication, involved virtually no risk and was performed in a reasonable manner in a hospital by a qualified physician. In those circumstances it was held that no breach of the accused’s right to be secure against unreasonable searches and seizures had occurred.