In Schmerber v. California, an officer ordered that blood be drawn from a motorist to be used in a blood-alcohol test because the driver was suspected of being under the influence of alcohol. A prosecutor introduced the blood-alcohol results against the defendant in a driving-while-intoxicated prosecution. Under what provisions of the Constitution was the taking of the blood challenged? What was the decision of the court concerning the use of blood for this purpose? Can blood or DNA be considered testimonial in nature such that its admission would violate the Fifth Amendment? Why or why not?

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The Answer of In Schmerber v. California, an officer ordered that blood be drawn from a motorist to be used in a blood-alcohol test because the driver was suspected of being under the influence of alcohol. A prosecutor introduced the blood-alcohol results against the defendant in a driving-while-intoxicated prosecution. Under what provisions of the Constitution was the taking of the blood challenged? What was the decision of the court concerning the use of blood for this purpose? Can blood or DNA be considered testimonial in nature such that its admission would violate the Fifth Amendment? Why or why not?

In Schmerber V